1
ad.
'Oil;
3- GOODLANDSR, Editor and Proprietor.
PRINCIPLES, not MEN.
TERIS:-$2 00 Per Annum, if paid in advanoe
OL. XXXVIII. WHOLE NO. 1904.
CLEARFIELD, PAn WEDNESDAY, AlMtlL 11, 186G.
NEW SERIES VOL. VI. NO. 33.
r
' vyyy
i business gircctcrn.
fU.CRVH. C. T. ALEXANDER.
iviis & A 11 o s a m (21 sr.
ATTOItNliYS AT I.AH'.
pt. 13th ISfij, 1 y. Hcllcfuiite Pa.
t n.,r h p.. rim... .... Mnrlc.i
t one door east of' tuo "Clearfield County
. i turtle
OP.Eiir J. WALLACE, Attorkkt at Law
j Cioarfidd, Pi., Office iu S.kaw'5 Ilow, up
the Journal oS.
dec. 1. 1KSf tf
THOM Asi J. M t IJl.l.OPUU,
Attorney at Law.
ft adjoining tho liank, formerly occupied by
8. McVnaily, K.-q., .Market street, Cleartluld,
Will fttteuj prouiplly to Collection. Sale
Lands. A. ' 17. '2.
' I JOHN L. CUTTLE,
torney at l aw and ISeal '.state Agent,
I CLEARFIELD, PEXVA.
j OTu-tvn Marhelst. Opposite (lie Jail,
IE?rtCTFlLLY offer Lin rviec in soil
ing and buying lands in Clearfield and ad
Bii'g counties ; and with an eiporienco of over
tnty years as a purveyor, flatter himself that
scan render satisfaction. Tub. '6U if.
I CYREXITS nowE.
Justice of the Peace.
For Decattr Townrhip,
31 promptly attend to all htisiness entrted to
i ear. P. 0. Addros, Fbilipsburg Pa.
J ii j. 21st I SCI
jjuSEril II. BKETH. Justice of the Peace, and
J I.iened Conveyancer, Kew reihington,
fcarfield county. Pa -i?n 1 ?f. ' I.
It. at 'H CURAT. Allir.l. MITCHELL.
Pialer-i in Firci-n and Dmrftin Mcrchandiss,
lumber, tlniin. t e. Kew WaFhiiifrton,
OrtoWr 2a, l,ct fi.-lv pd. Clearfield Co , P.
Mr. n. J. Ill ItW refi'T-Mfiilly antirw
Ten (hat h t;.ke a fi w Pupil in V
i and l'iar.o i'.l'.'lC, to eomnicnee Moiii;
Ipril "d. Tenm, Jl per qunrter if H f?kt
I Aff-Kooui at residence of J.t. Cuttle. V.-q
1 Clewrlield. Marcli 72. lHf &
Dn. J. P. Ill li'HI Ii:i l Lite Pur
peon of the s:id K' ftimeiit, 1'enn'a Vulun
lur, having returned from the Army, offer hi
irolerii.al aervieen to the citizens of CUnrfnlJ
and vicinity. Prufeaional rail promptly atlon
rld to. t'ffiee on South Fat corner of 3d 4
JIaiket itrccU. Oct. 4, ISiii.-f u.o.-pd.
fj KLAKE WAI.TKr.S.FcrivenaraEd Con
tj Teyanecr Agoot for tho Purchaso nnd Sali
Wf lands. CLEAnriri.u, 'kxn'a.
Prompt attention gi co to all t.uuiet connect
ed Tiiih the county i.Uice. Of.iee with lion.
Wm. A. Wallaee. Clenrfiold, .fan. Irt.lsBC-tf.
C. KKATZEIi & SOX,
MK It C II A N 1 S, dealers in lry GaoJa.
ClothioR, Ilerdwaro, Cuttlery, 0.ueeuware.
Oruceriea, Shiiiple, and Prurisiotf. At theold
aland on Front strei t abure the Academy.
Clearfield, December Utli, 1 Sfii -1 T.
y. p. k 'u T z
Mr.nri! T, and dealer ia Dry Owl
ClahiPF, llnrdirare, Qucennaare, Oroceiic
I nn i.ii.T,, ia.
JIarkct Ftrctt, oppofite tho Jil, ClearCtld Pa.
April 2"th IKfi.
CI.r.AKIIP.I.Ii M'Hfl'.HV-EscritACi
llnvn linrsTiiT. Tbe underignad Lavine
nalirhed a Nuifery, on the Pike, about hall
iny lelen Cleardeid nnd Curenvilio. i prn
fared to fiirni h ail kind nf Fruit tree. ( Stand
ard Ld liwarf.) Evergreens, Shrubbery, Drape
Vinos, Oooi'tlierriol, Lawton Illa kberry. Straw
berry and Karpbrrry vine. Alro, Siberiiin Crab
tree. Quinee and early enrlet Kheuharb, Ac
Or ler promptly atten led to. Ad.lreM,
Fept 20. '.i.-lv. ,1 D.WHMHT, t'urwin-vitle
GKOl'.ti- FALK take thi) method of inform
ing the watermen of Clearfield county that
he hai rcSltcd and reopened the hotel luruierly
kept by K. tehreiaer, at Cmestown, where he
will take epeci;il pain to render miitlaolion to
all who favor him with their patronage.
Coieatown, April 12, 'iii. drfly.
.AOItF.ST HtUSE Plooni townKlup,
' Uaim:r P. hi.ooii, Prpprielor.
This larjc and eominodiou Houe ii situatKj
n tli turnpik, 7 milu wet of (,'iirwcnville,
and 6 mile a.i.t of I.utherxburg. I he I'rnprie
lor will pre no !birt to innke hi pucfts com
fortable and tbi ir tny with him pb anant, and
thereby cicpccti to tceive a liberal h.ire of pub
Jic patron;. Dec. 20, I 55. - tf.
1CGG. 1,166.
"FJIlILAPEI.rillA AND EIUE It A I L
ItOAD. Thia prent line ttaiorspa ttia
horthern and Northweft eoontie ol fcnnrylva.
Dia to the rity of Eria on Luke Erie.
It ha ben lcaed and I operated ty the
TENN'A KAIL IiOAD COMPANY.
Xiuie of l'ni"eii(;er trains at Fat'onim.
l.rate Eaaltvard
Erie Mail Train 3.63 P.M.
Erie Eiprea Train 9.17 P.M.'
leave Westward.
Eiie Mail Train 12.00 A. M.
Er e Express Train 2 02 A. Jd.
r.ifenper cars run Ihrnnch on the Erie Mail
and Exprepa Trains wilhi.ut chmi(;a both way
Let ween Philadelphia and Erie.
New ioik I'amiiertion.
Leave N. York at 8 a. m., arrive at Erie 4.1 5 awm
I.nave Erie at 1.&5 p.m.,arriie at N.York S.40 p m
Sorhaiige ol ( ai hetucen I .tic A VYuik.
EIcrh ni Fleping Cars on all Xight train.
For information repeetin. Paenpr lmi
es, apply at Cor. 'Mlth and Murkot St'a, Phil'a.
And for Freight bufine of tho Company's
A tents 8. It. Kuritin.jr., Cur. 1.1th and Market
street, Philadelphia.
J. W. Heynoid.., Erie.
Wm. Iirown, Agent, X. C. R. U., Paltimore.
II. II. llorsToa, tieneral Freight Apt. Phil'a.
II. VI. (Iin, Ueneral liiket Apt. Phil'a.
A L. 1YLEK, Oeneral Bup't, Wil.iami-port.
: DR. A. II. HILLS
HIES In in-
.5 -
ron i bat profraen.n-
. . , '
rro bia pat-
j II OBII1IOI riililineF
'V ju ' h' ""' a
.T;a-lV the tune, and ha will
therefore I unable
's. t,l, t't-r.r-atiiinal
Viii toany nf hi
w ; eecuMomed i.lacoe
' thit maimer j but
.7 U fo-nd .t hi Ml-,., on th. Northw,t cor-
tier of Front and Market ureet, directly nppoii
he "Clearfield iinuse," where he ran s found at
il time,, ready and witiinj to attend to '
in tbe line o! hi proferion. Foil pelts of Xetn
niy Twenty Dollar.. Jniy Mth if 6-i. fd.
V E T 0
or
THE UEGRO CIVIL RIGHTS BILL rJor n,m ""IT1"0 01 1110 HU,"
To the Xrnatr. of the United States : i negro equai itv.
I re "ret that tho bill which has pass-1 The first section of the hill also con
ed Loth Houses of Congress, entitled tains an enumeration of tho rights to
"An act to protect all persons in tho lo enjoyed by these classes so made
lTiiW.nl Slfifiw ill t heir fivil riirhts. nnil
f....,,!, ,l,(, mcanaof their vindication."
contains provisions winch I cannot
'
1 approve consistently with my sense
r,r ,tntv m l.n CiiiHilintioii of tho
of dutv to tho Lonslitution oi the
United States i ,
MOMiKEL CITIZKXSIIM
' ' -
I am, therefore, constrained to re
turn it to tho Senate, tho house in
which it originated, with my objec
tions to it becoming a law. JJy tho
first section of the bill, all persons
born in the United States, and not
rii iicct to nnv inreigii power, cxclu- ' , , .. . , . . 1
,.,,. , . i I ,, . . ted to be fixed bv l cdenil law m ev
dmg Indians not taxed, are declared 11 ' , .... -.r . ...
to be citizens of the United States.
This provision comprehends tho Chi
nese of the Pacific States, Indians sub
ject to taxation, the people called Gip
sies, as well as the entire race desig
nated as blacks, people of color, ne
groes, mulaltocs and persons of Afri
can blood.
FEDERAL CITIZENSHIP.
Every individual of these races,
born in the United States, is by this
bill made a citizen of tho United
States. It does not purpose to de
clare or confer any other right of cit
izenship than ''Federal citizenship."
It duos not jiurport to give these clas
ses cf persons any stut'is as citizens of
States, except that which may result
from their status as citizens tf the
United States. Tho power to confer
the right of State citizenship is just
as exclusively with the several Slates
as the power to confer the right of
Federal citizenship is with Congress.
The right oi Federal citizenship thus
to be conferred on the several except
ed races before mentioned, is now lor
tho first time proposed to be given by
law. If, as is claimed by many, all
persons who) are, by virtue of the Con
stitution, citizens of tho United States,
the passage- of the pending bill cannot
be necessary to make- them such.
NEOROF.S NOT FIT FOlt CITIZKN'SPIT.
If, on the other hand, such person"
are not citizens, as may bo assumed
from the'proposed legislation to make
them such, tho grave tjiiestion pre
sents itsrlf, when eleven of the thirl y
six Slates are unrepresented in Con
gress at this time, is it sound policy
la make our entire coh red population,
and all other excepted classes, citizens
.f tho United States? 1 our millions
if them have j'.ist emerg "I from r-la
vcr- into ireeuotu. t. an u nc reason
ably supposed that the3' possess the
requisite qualifications to entitle Uictn
to all the privileges and immunities
of citizens of the United States?
Have tho people of the several States
expressed sue'j a conviction ? It may
also be asked w hether it is necessary
that they be secured in tbe enjoyment
of the civil rights proposed to be con
ferred by the bill? Those rights are,
by Federal as well as State law, r-e-enred
to all domiciled aliens and for
eigners, even before the completion of
the process of naturalization, ami it
ma- a' ly be assumed tha: the same
enactment nro sulliciont to give
the protection and benefit to those
for whom this bill provides special
legislation.
rnon.moN.
Besides, the policy of the Govern
ment, from its origin to tho present
time, seems to have been that persons
who are strangers to and unfamiliar
with our institutions and our laws,
should pass through a certain proba
tion, at tbe end of which, before at
taining the coveted privileges, they
must rive evidence of their tilness to
receive and to exercise the rights of
citizens, as contemplated by tho Con
stitution Ol the t inted States.
Mschimination aoaisst ror,rivrr.s.
The bill, in effect, proposes a tits
..:...: ,,,';.! .. E,,-. i,ml.r ofllbe same way, all those laws discritn-
t I lllllllllllUH Hi,illl k ""a,1
intelligent, worthy and patriotic for-
eigners, and in favor of the negro, to
w hom, after long years of bondage,
the avenuesof freedom nnd intelligence
i. .. l.n.. n.t,lrH,lv i,.-i,e.l.
. ' j : '- .'
1 1 o must, or necessity, from Ins pre
vious unfortunate condition of servi
tude, bo less informed as to tho nature
and character of our institutions, than
ho w ho, coming from abroad, ha, to
some extent, at least, familiarized him
self with ihe principles of a Govern
ment to which he voluntarily intrusts
his life, liberty and tbe pursuit ol hap-
' .. A- . t I ... ..
IIM1CSS. ACL It IS HOW prOpOSCU, l
single legislative enactment, to confer
. " . .
1 'K" ln 'i 'it izens upon inn pci sunn
tif Africfin 1 citf -iti I linrii it-itliin llie CY.
tended limits of the United Slates,
, ., . . . . ,
inM,,,,"ln ul ioki-h i.inu, ..w.
nc 'r land their borne, must un-
dergo a probation of five years, and
(.!in (inly then become citizens upon
proof that they arc of good moral
1 .. J, , . i
' character, attached to th pnncij.les
of tlio Constitution of tiio United
States, and well disposed to the, good
I. . . i .
Citizens 111 every
of tlio United States. Theso rights
una to mauu miu gi umi-iM. wi..
herit, purchase, lease, sell,
convey real and personal
property,
and to have full and cunal benefit oi
jail laws Slnd proccedinjra for tiiect-
vity oi person ami property as is now
enjoyed by while citizens. Ho, too,
they arc made subject to tho name
punishment, pains and penalties in
common with citizens, and to none
others. Thus a perfect equality ol
cry oiaiu oi inu i iin viti mu
field of Stale jurisdiction covered by
these, enumerated rights. In no one
of these can any State ever exercise
any power of discrimination between
the different races. In the exercise
of State polity over matters exclu
sively affecting the people of each
State, il has fivquently been thought
expedient to discriminate between
the two races.
LAWS AGAINST MISCEGENATION.
Hy the statutesof some of the States,
Northern as well as Southern, il is
enacted, for instance, that no white
person shall intermarry wilh a negro
or mulatto. Chancellor Kent says,
speakinirof blacks, '-that marriages
i ..... .i . i II
llt'iwecn UK'lll illlU Uic wnuva aiviui.1'
bidden in some of
tbe States where
slavery does not exist, and they arc
prohibited in nil tbe slavebolding
States; and when not absolutely con
trary to law, they are revolting, and
rt'ir irucu u an uiieiive iiuaiur-i. i-m-in.!
,1,7.,. 1 .! not ki,v tl.xt this bill!
.. . . .1 i .. .r .
putlie
'the subject of
.....,,. c.J
repeals State laws on
marriage between tbe two races, for
as tho whites uro forbidden to inter-
II... 1...
tbe two races in tbe nutter of real
.,(.,..;. a .,.,1 nr,,ii.i. i
' ,. ' , i, ,7.U'
11,111. , V ll'IJIV?.3 lll.l, ll'O 411"' I I -v . , .
the State laws as to tho
marriaire between the races
A. I'l
mil.
rrio vicri rui-jrvi i-ui t-i v i. j m .
the
enumeration of rights
con t. mi net
iu
this bill lias been considered as exclu
sively belonging to the Statis; they
all relate to the internal policy and
economy of the respective States.
They are matters which, in each
State, concern the domestic condition
of its people, varying in each afford
ing to its own peiuliar circumstance'
and the safety and well-being of its
own citizens.
"the cat in the meal ti n."
I do not mean to say tj-at upon all
theso subjects there are not Federal
restraints. As for instance, iu the
legislation over contracts, there is a
Federal limitation that no Slate shall
pass a law impuil inn the obligations
of contract ; and as to crimes, that
no State shall pass an tr t fa-'t
law: to money, that no State shall
make anything but gold and silver a
legal tender. Hut where can we tiud
a Federal prohibition against the pow
er of any State to discriminate as to
most of ibetn, between aliens and cit
izens, between nrlilieial persons called
corporations and national persons, iu
tho right to hold real estate.
If it be granted that Congress can
repeal all Stale laws discrimina ting be
tween whites and blacks in tho sub
jects covered ly this bill, why. it may
I be asked, may not Congress repeal, in
j, . " a . a
maims Oeiween tne to races on u.e
subject of suflnigo and otl.ee? If
I '' 1ecl:.re, by .nw, w ho
all bold lands. wbosl.nll tesufy,
who snail nave capacity 10 make a
: ,i.
contract in a State, then Congress
can by law also declare who, without
regard to race or color, shall have tbe
right to sit as a juror or as a judge, to
bold any oftice, and finally to vote, in
every State and Territory of tbe Uni
ted Slates, .b respects the Jerrito-
ries, the" come within tbo power of
Congress, for as to them the law-making
power is tbo Federal power; but
as to the States, no similar provision
exists, vesting in Congress the power
tomakenilcsaud regulations for them.
invapino judicial rowiR or states.
Tl.. l.;t nfil.n c.,r.oil ,.t
i.v w.yw ...v . ... ......
tbe bill is to afford disenminat ivc pi
lection to colored persons in tho lull
enjoyment of all tho rights secured to
them. By the preceding section it
j i ,(.. ...J
declares that "any person who. under
llWlliy Willi l III" Olill'Hl, lilt, UUHAflilll . , , 1 ......
only make such contracts as the whites processes sanctioned by Slate Jaws
thc.nsvtvcs are allowed to make, and d 'ssued by State judges in execu
therefore cannot, under this bill.entcr incuU, could A
into the marringo contract , with thc! hrougbt bef..v ( other tribunals and
w (cB there subjected to fine and uuprison-
I cite this d.scrimination, however, ibe iK-. formance of the duties
is an instance of the State policy as och such State aws might imjKisc.
to discrimination, and' to inquire 'f K-g.slat.oi, thus pn-sed .nxa
whether, if Congress can abrogate all 1,10 J'"llt,al V0' f !''e ?T
State laws of discrimination between says to every .State court or judge,
ill,-..... .,.... 1. 1 1-, i j iir.l tti imnAit.
color of the law, statute, ordinance, doubt that the offence and penalties been nbolishod.nnd at present no where
rcmlation, or custom, shall subject, provided in the second section are in- exists within tho jurisdiction of the)
oiM-ausc to be subjected, any inhabi- tended for the State judge, who, iu United States, nor has there been,nor
tant of any State or Territory to tho tho clear exercise of bis functions as a is it likely thcro will bo, any attempt
deprivation of any right secured or judge, not acting ministerially, nhall to renew it by the people or the States,
protected by this act, or to different decide contrary to this Federal law. j If, however, any such attempt fchall
punishment, pain, or penalties, on nc- In other words,when a State judge, ' be made, it will become the duly of
count of such porsou having at any acting upon a question involving a the General Government to exerciaa
time been held in a condition of sla- conflict between a State law and a any and all incidental powers neces
vcry, or involantary servitude, except Federal law, and abound, according to tary and proper to maintain inviolate
us a punishment for crime whereof bis own judgment and responsibility, the great law of freedom.
, , i ii.....'." .. i j i... I m - e .u .s.i .1.- till
1 lie Tuii't V shall nave oecn uuiv con- to civc an impartial uecision ueiweeu
l - . . n I - "l .. ..." ... I . 1... .... a I. . .
victed, or bv J reason of bis color or
luuxrlkan ..ii escribed iorjthc pun-
ishment of white persons, shall be"
deemed euilty ot 11 misdemeanor, and
? . " i -.iii..
. .. i il l. 1...
bidden legislation by imposing a fine ,
and imprisonment upon tho igisla-
tors w ho may pass such
conflicting
laws, or upon the oflicers or agents
who shall put or attempt to put them
into execution. It means an official
offense, uota common crime commit
ted against law upon the person or
properly of the black man. Such an
act may deprive the black man of bis
property, but not of the right to bold
propel ty. It means a deprivation of
this liglit itself, cither by the State
iudiciarv or the State Legislature. It
- . . . r , . :,vlf
means uue,.iivuuo,...i ."'
cither bv the State judiciary or the
State Legislature It is, therefore,
assumed that, under this section, mem
bers ot State Legislatures who should
vote for laws conflicting with the pru-
. . .. .... . . , , i-,i,0
visions of this bill, that judges oi the
on conviction si an oe puuisneu uy oninani. jiic li'giNawu- uiniiiiuciii
fine not exceeding one thousand dol-'of the Government of tbe United
lars, or imprisonment not exceeding States thus takes from tho judicial
one year, or both, in tho discrimina- department of tho States the sacred
tioi of the court." ' land exclusiveduty ol judicial decision,
This section seems to be designed and converts tbe State judge into a
to apply to some existing or future mere ministerial officer, bound to do
law of a State or Territory, which 'ode according to tbe will of Congress,
may conflict with tho provisions of destroys state laws.
the bill now under consideration. It It is clear that in the States w hich
nrovides for countcractiiifr such for- denv to persons whos rights are
State '"'l8 bl,ouIJ rvvV judiHof Fcdcrel law that tbe Federal courts
ments in antagonism with its terms, : nro to Uy and punish him. Under
and that marshals and sheriffs who j
should, as ministerial-officers, execute j
11 1 " uVv,"f l"afc "'--
biiiutionai : n in
refuse, under the
prohibition of a State, to allow a no-
contnu t of!"',lu ,V7'V " J"u ""7 '
l, " . .
sut n a sun ect matter, me otam u
is paramount, aim unuer
color of a
, . ,
right to the negro, your error of judg-
ment, however conscientious, shall'
subject you to tine and imprisonment.
I do not apprehend that the conflict
ing legislation, which tho bill seems
to contemplate, is likely to occur as
to render it necessary at this time to
adopt a measure of such doubtful
constitutionality.
EXCONSTITITIONaL FEATURE.
In the next place this provision of the
bill seems to be unnecessary, as ade
quate judicial remedies be adopted to
secure the desired end with involving
liio imiininii ics in ivi isiiiiui i s,i .i i
. . i i .i :
imtiortant to be Preserved 111 the
ter'est of public "liberty; without as-
iEn i,lio.
iary, dwnvs essential to the prcserva-
. J f i.. i i. ' .:.!.
lion oi iuui niiiiii rizuis , aim ,iiii -
. ... : . ,i ..;..: ,.f .:..:J
i iiniiaii ni" iui- inn. icm vi iiiiiiis -
i . ..c. c., -
icriai oinci i s, ninnio iiv.j
the maintenance of Public peact and
order. The rcmedvproposed by this
. i ,i- ,..'
section seems to bo in tlnti res ect not
onh' anomalous.
l ,.i;1.i..nl
I'JV UllWO.-lHUHVi-Mi,
for the Consti lu lion
guarantees
HOlll-
injr il ii lei i.iiii 1 1 u ii uuvs nut iii.-.n v . , , e .
to the several States the right of mak- j nhoverecited clause- of the t onati U
ing nnd executing laws in nrd 1 t,f thJ l'lU u :doVl,t;
aU.ualters arising in their jurisdiction, ! y comprehends cases and authorizes
subject only to the restriction that in
cases of conflict with tho Constitution
and constitutional laws of the United
States, the latter should be held to bo
tbe Miprcine law of the land.
makes state judges MERE MiNisTLRiAL B".u-ni on the part ofall the States, for
orncEns. , tho bill applies alike to all of them, as
The third section gives the listrict well to those that have not been en
Courts of the United States exclusive gaged in rebellion. It may be assum
'cognizanccs of all crimes and effenccs cd that this authority is incident to
committed against the provisions of the power granted to Congress by the
ibis act," and concurrent jurisdiction Constitutionals recently amended to
wilh the Circ uit Courts of tbe United enforce, by appropriate legislation,
States of all civil and criminal cases tho article declaring that neither
affecting persons w ho are denied or slavery nor involuntary servitude, ex
cannot enforce in tho court! or judicial cept as a punishment for crime.where-
t.. r.. 1. s.C I.a l..lif. t ibn ,flele Kalltilf.A llAf.ll ilnll fftn.
1 1 l I'll nil in .'i tnv iitiiv vi ivvMiii.
w herever they may be, any of the
rights soured to them by 'the first
.V.: i.i i.;,.i.
sei lion , .nil llir vi'iniiuvuvoi nitii
I have given to tbo second section is
et rrn i't lied liv tliis lhirW seetior.. for it
makes clear what kind of denial or de- It cannot, however, be justly claim-, both are docplv interested in maKang
privation of tbe rights secured by tho ed that, with a view to the en force-, harmonious. Each has equal power
first section w as in contemplation. It ment of this article of the Constitu- in settling the forms, and if left to
is a denial or deprivation of such rights tion, there is at present any necessity ( the laws that regulate capital and, la
in the courts or judicial tribunals of for the exerciso of all the powers oor.it is coufidently believed that they
th Stat " Irstands,therefore,elerof which this bill confers. Elavsryhss will latfsetorilo work on the prot
the two, comes to the conclusion that
the State law is invalid, lie most not j
follow the dictates of bis own judg-
ment, at the peril of fine and impris-!
. .... 1 i i . i ,
. rri I I ..: ,1
secured by the first
section of
the
all
bill
any
ore ot toesc rignus,
i .
criminal
and civil cases
affecting
them, will, by tho provision of the
third section come under the exclusive
cognizance of the Federal tribunals.
It follows, that if any State which de
nies to a colored persoa any one of all
those rights, that persow should com
mit a crime ogainst the laws of tho
State, murder, arson, rite, and any
other crime, all protection or punish
ment through the courts of the State
arc taken away, at! bo can only be
tried and punished in the Federal
courts. How is tKo criminal to be
tried if the offence w provided for and
punished by federal law ; that law and
not the Sta'te Jaw is to govern.
It is only whea
the offence does
. not happen to be within the purview
any other law, then resort is to be had
to tho common law as modified aud
changed by Stale legislation, so tar as
the same is not inconsistent with the
Constitution nnd laws of tho United
States. So that over this vast domain
of criminal jurisprudence, provided by
each State lor the protection of its own
citizens, and for the punishment of all
Persons who violate its criminal laws,
ederal law, wherever it can be made
to apply, displaces Stato law .
AN ALARMING GRASP OF TOWER.
The question here naturally arises,
from what source Congres. derives
the power to transfer to Federal tri
bunals certain classes of cases em
braced in this section ? Tho Consti
tution expressly declares that the ju
dicial power of the United States shall
c'xtend to all casls in law and equity
arising under this tnsU'.ution, me
laws of the United States, and treaties
made or which shall bo made under
their authority ; to all cases affecting
ambassadors, other public ministers,
and consuls ; to all rases of admirably
and maritime jurisdiction : to contro
versics to which the United States
shall Imj a party ; to controversies bo.
tween tww or moro States; between
a Stato and citizens of another State
between citizens of different States;
between citizens of the same State
. - . . . . , r.i:,r,-.
' c aiinni" land under urants ol uiuercnt
.:Vul"""sM ,u" S
States ; and bet ween a ,Mie,
citizens tnereoi, ana ioreign
or the
States,
'"Jf s r u,;J.5t?- ntnri ... r .
Here the ludicial power of tho Lni
. ,.,.. i. . . . ...,l.
'lea states iscxpressiy sii ioiiu uu
, . . - j . i,
ltIefineJ, and the act of September Mth,
i. . i , i . . - i- l . .
. establ.sh.ng the judical courts
of the United States, in .conferr.ng
upon I 19 r eoerai co ins junsuieiioii
"r""" 11 . . . .,. ,
: over cases originating m cuius nn-u-
. rl A ,1 n
, . , .1
nais. is careiui to euuuiio nn-iu
to tne classes enumeraiea in tne
the exerciso of powers that are not,
by tho Constitution, within the juris
diction of the courts of the United
States. To transfer them to those
courts would bean exercise of author
ty well calculated to excite distrust and
vt v ..
victed. shall exist within the United
States, or any place subject to their -
;..;;,.tirn
jui iuviivn. i
extraordinary powers to irrespon-
SI RLE AGENTS. I
inu luunu mtuoii w ukj ihu prv
: I , 1. .. . ..It: 1 - -1.
vides that officers and agents of
Freed men's Bureau shall bo cmj
ered to mako arrests, and also
I LIU
empovr-
Uiat
other oflicers may be specially oom-
I r . i. .1
missioned for that purpose by tho
President of tho United States. It also
authorizes circuit courts of the Terri
tories, to appoint, without limitation,
commissioners, who are to be charged
with the performance of quasi-judicial
duties.
Tho fifth section empowers tha
commissioners, so as to be selected by
tho Courls.to appoint in writing under
their hands, ono or more suitable per
sons, from timo to time, to- execute)
warrants and other processes de
sired by tbe bill. Thusc numcrpus
official agents arc made to constitute
a sort of police in addition to tbe mil
itary, and are authorized to summons
a pause comitatus, and even to call to
their aid such portions of the land and
naval forces of the United States, or
of tho militia, as may bo necessary to
the performance ot tho duty witb.
which they are charged. This extra
ordinary power is to be conferred upon,
agents irresponsible to the Govern
ment, aud to tbo peojJo to whoso
number the discretion of tho commas
ioncrs is the only limit, and in whoso
bauds such authority might be roado
a terrible cngino of wrong, oppression
and lYaudL
PRESENT SAFEGl'UDS SUFFICIENT.
The general statutes regulating tho
land and naval forces of the United
States, tho militia, and tbo execution.
of tbe laws, are believed to be ade
quate for every emergency which can
occur in tune ofpeaee. It it snoula
prove otherw ise Congress can at any
lime amend those laws in such a man
ner as, while subserving the publio
welfare, not to jeopardize the rights.
interests aud liberties of the people.
rE.VPTAT10.NS TO BAD MEN.
The seventh section provides that
fee of ten dollars shall be paid to each
commissioner in every cas,e brougut
before him, and a lee ot hve dotlarsto
his deputy or deputies for every per
son he or they may arrest and take
iKsfore any such commissioner, wit-a
such other fees as may be deemod
reasonable by such commissioner ia
general for performing such other da-
tics as way be required in the premi-
ses. ail tnese lees are to ou pain out
of tho Treasury of tho United States,
whether there is a conviction or not;
but in case of a couvictiou they are to
bo recoverable from the defendant. It
seems to me that under the influence
of such temptations bad men might
convert any law, however beneficicut,
into an ius.iruu.ient of persecution aod
fraud.
NOMADIC COURTS, AC
By the eighth section of the UIl, the
United States Courts, which sit only
in one place for white citizens, must
migrate, tho marshal and district at
torney, and necessarily the clerk, al
though ho is wot mentioned, to any
part of the district, upon the order of
the President, and there hold a court,
for the purpose of the more speedy
arrest and trial of persons charged
with a violation of this act; and there
the judge and the oflicers of the court
must remain, on the order of the Tree-
ident, for the time designated. The
ninth section authorizes tho Presi
dent, or s ich person as ho may era
jKiwer for that purpose, to employ
such part of the land or naval forces
of tho United States or of tho militia,
as shall be necessary to prevent tho
violation and enforce the due execu
tion of this act. This language eeuis
to imply an impjrtaut military force,
that is to be alw ays at band, and whoso
only busiuess is to be tho enforcement
of this message over the vast region
where it is intended to operate.
EVIL CONSEQUENCES.
I do not ju-oposo to consider tlie pol
icy of this bill. To me the details of
the bill are fronght v ilh evil. The
white race and the Mack race of the
South have hitherto lived together
under the relation of master aud slave
I capi'al owning labor aro divorced.
- . - , .. ,,
, 1 hey stand now each wasterof tself,in
, i" " - relation oue bctnjj necessary
to tho Other.-
"LET WELL ENOUGH ALONE.'
There will be a new jidjustment,whtb.