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IiOLUEIR XVIII.NITIPIER
TI
TOTTgit 'JOURNAL,
; ruattunan BY
W. W. WeALLAB:IO3 It; PrOffint.tor.
!sir Devoted to the cause oflupuhlicanlera, the tn
%Crests of Agrioolture, theradra - neement of Education,
and - the bet good of Pottir umiak. Owning no"galde
nr.cept that of Principle, it will endeavor to aid in tht
work of more . fully Freedomizing out Country.
I Igir Adeertieernents inserted at the following rates,
except where special bargains are made. A "square"
llit.lo line* of Bievier or S of Nonpareil types':
1 square, 1 insertion.... $1 50
liT squeee, 2 Or 3 insertions ....._...:-2 00
'Each subsequent Insertion - less than •13 - 40
1 square, 5 year 10 00
lEu.inese Cards, 1 year ....... ....... 500
-Administrator's or Execotor'd Notices.-- 3 00
tpecial an d Editorial Notices per Lino.— 20
1 : Balt"All transient advertisements must be paid in
1
t, t...ewnee,and no notice. wilt be taken of adverti.ements
}from a distance, unless they are accompanied by the
honey or satisfactory reference. •
i. Isar' sob Work, of all kinds, executed with neatness
land despatch.
!BUSINESS NOTICES.
. -.
4Robt e filmley. H. ft. Cummin.
i • Attorik•Ays-atama Wy
'AXTILLIAMSPORT, Mt n'a. Special atlertifon
1
if VV given to Collectionot Pensions, Bounty and
tack Pay, and alt claims against the Setif:mai : and
tete Government's... nov2lig
iFree and Aeeepted Ancient York Masons
TPULALIA LOOS'S, 1.7 . 0. 342, F. A. M. Stated
, Meetings on the 2d and 4th Wednesdays ofeaoh
'month. Hail, in the Id Story orerte:Olmoted Olen t.
D.C.Ltnaaans,Sen. 1. WM. BREAK, W.E.
• R. A. DRAKE, M. D.. • •
TfiIYSICIAM and SURGEON, offers his services
1 - to the citizens of this place an 4 vicinity and desires
inform them that he will promptly respond to all
I•calla for professional services. °Mee on Main streec,
ever 'Manning's Jewelry Store; Itesidenee nearly op
polite the office of the Fox &. goes' Estate.-17-23.
0. T. ELLISON, N. D.,
PII.ACTICING Coudersport,
respectfully informs the citizens of the village and
4,lcirtity that he will promptly respond to all calls for
•protessional services. 01lime on Firststreet, drat door
west of Ms residence. 1740
sous S. MANN;
4.TTORNBII .AND COUNSELLOR AT LAW.
Coudersport, attend the severat Courts
Potter, Cameron and McKean counties. All buih
ness entrusted to his care wiil teceire prompt atten7
Lion. office on Mnin street, in residence.
ARTHUR G. OLMSTED,
A TTORNEY AND COUNSELLEIt AT LAW,
Z 1... Coudersport', rs.., attend to all husinss en.
utnitedto his care with promptness and fidelity. (Juice
in the second eitnrey'of the Olmsted' Block.
ISAAC BENSON,
.E. .
A 72 - TaltiKEY-AT- &NV, Coudersport; P. Brill
-sttond to all business entrusted to him with caro
amt. promptness. Attends Courts of adjoining coun
ties. ,0 Rice on Second streetmear the Allegany bridge
r. w. KNOX.
. TTORNEY AND COUNSELLOR AT LAW,
'CI. :Cow/amere : , Pa., will naeadthe Onus In Pot
ter and the ad joining counties.
MILLER dk McALARNET,
VOUNEYS-AT LAW, 11,,antsncno, Penn'a.—
„elk • Agents for the Collection of (Nal nts agait.st the
tinned States and State Governments sns It as Pensions,
Bonoty,Arreare of Payftc-Addrees Bo 95, Harrisburg
ir Z. lattLlAlt, 1. C. .11..ALARNIIS
•
W. YIe.A.L,VIINEY,
REAL ESTATE and INSURANCE AGENT. —
Land. Bought and Sold, Taxes paid and Titles
investigated. IDS urea property against file In the hest
companies iiithe Country, and Persons af.rain , t Acci
dents In the Travelers Insurance Company of Bart
ford. Business Ira 'meted nromytlY 17-29
P. A. 14TEIIIIINS olk cam., ' •
311 t y o f o l d d s . IC G T ro S e -j e N e e: I , , , r r g ay l is n i 0 D n
, r.6o u o r l e % d F r l o n r c i f
and overything.ustally kept la a good country store.
Produce bought and sold 172»9
C. U. SEICIIoNS,
1 TEELCICANT—WELLSVILLE N. Y., Whole-
sale and Retail Dealer in Dry Goods, Fancy and
A taple Goods.Clothing,Laili es DressGoods.Groceries,
Flour, Feed, &e, Retailers supplied on liberal terms
s. & E. A. JONES,
Al ER gl i s ta i7 S m — y P T l r e t , i r c a l i e n . D ; u tl t tsi , o li ne e r d, i ci ll e r) szi o nt sz
Groceries, ' &c,, Main Street, Coudersport, Pa
D. E. OLMSTED,
• I •
XERCILINT—DeaIer in Dry Goods, heady-mndo
Clothing, Crockery, Groceries, Flour, Feed,
Port, Pritrisions, sc., Main street, Coudersport, Pa
COLLINS SMITH,
MRECHANT—DiaIer in Dry Goods, Groceries,
Provisions, Hardware, Queensware, Cutlery,.
and all Goods usually found in a country store. n'til
• H. J. OLMSTED,
TT AROWARE• Itterenant, and Dealer in Stoves,
1. Tin and Sheet Iron-Ware, Main street, fonder.
sport, Pent:a. Tin and Sheet Iron Ware made to
seder, in good style, on shfrt notice.
COUDERSPOLT HOTEL.
DF. GLASSMIRE, Pnlraturoa; Corner of Main
. and Secondatreeta,Uouderaport,Poqer Co.ra.
A Livery Stable Is also kept in connection with this.
Rotel. Daily Stages to and from the Railroads.
Potter Journal Job-Offlee.
HAVING lately 'added a fine now assortment of
.7011• TYPE to our already largo assortment,
, we are now prepared to do all kinds of work, cheaply
and with taste and neatness. Orders solicited.
"I‘TANTED, AGENTS, SISO PER MONTII, TO
• NV sell the improved Common Sense Family Sew-
lug Machine. Thin Machine will stitch, hem, fell,
tuck, cord, braid, bind, gather, quilt; and embroider
beautifully. Price only $2O. Every Machine is war
ranted three years. For terms address or call on C.
BOWERS & CO. Reception rooms N0:255 S. Fifth',
'Street, Philadelphia. Pa. • lm '
t 'MARBLE WORK'
f \ Monuments and Tomb-Stones
• of Mt kinds, will bo furnished on reasons.
Fttyllt ble terms and short notice by -
C. 'lry i
south
. of
Coudersport, Pa. ' on the . Sinnemnboning
-Rend, or leave your orders at the Post Offico. teal
DAN BAKER,
-111
InciSlolliT, BOUNTY and WAR CLAIM AGEI.4CY
Penaions 'procured for. Soldiers of the present
ar who are disabled by reason of wounds received
or disease contracted while In the service of the United
States ; and pensions, bounty, and arrears of pay ob.
14100 for widows or heirs of. those who have died or
keen bilLed while in service. All letters Jf inquiry
promptly ariswored, and on receipt by mall of a state
4.ent of the one of claimant, I will forward the no:
seamy papers for their signature. Fees in pension
tun as fi xe d by hiw. Itefers io lions. Isaac liperm,
A. G.-Olivatbd, 4ohtt f 3, 'Mann, and .V. W. 1.097:, Leg
DIN )30.4.rat, '
Claim. Agent, Ckaidersport, Pa. I
JuneB 64
Pelt. Wear I We want agents
rg e h e e n re e te wk iieletr i r . 4: r ol i za
ifetrOgg l aoliino7, e
,o u t pii: t r ize fe c e o d &an 'lV i arajr a il 4. fiVf , 3 rh y o , e o a x rl. T
n A t.4 : l ob
t y i p i Aril s n o r l y c i
fi~e.the United States for less tbao $4O; whlck are fully
.►ippased by 'Epic°, Wheeler & Wilson, grayer &
Will/ger 4,E. Go.. &Baoholdpt. At.t other cheap ma
phinaa are Infringements ant 4 the eel/er, or uhor.4;re
Oibia".fo. oirriiiifi,Ane, and inanrlsournent. Circulars
N.Addr.ts, or cell upon Shaw & Clark, glade rit Mahn
26, 1865. lowly.
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For the Journal.
LINES.ADDPIESSEO.O. NY PET CAT' A PARODY.
Pretty mouser: - rarely blest
Rest on conch carpati'init."
Kindly fanned froth the - cafes.
That thy faithful' miatratiihares.
Thy pastinia will inward thy stay
Trifling I though; hey panto say.
Best and rarest ate they all •
And tasted oft;' yet !lever pita.
feline *wits - are not in vain
.Thy frolick is not mocked with pain
Thy, pleasures though r not
.deemed divine
With raptures fill the'hisit feline.
The following is the Mitts it passed both
Houses and:cams before thsPiesident:
. . . .
Section 1. iThat all persons born in the
United States,i.and not subject to a foreign
power, excinding trillions not taxed, tee here
by eclared to be citizens Of the United States,
andl
such citizens of:Avery race and color,
wit out regard to any previous condition of
alaA.ry or involuntary service, except as a.
punishment for crime whereof they Shall have
been duficonvicted; shalt leaver the same right
in pveryirtt‘te_and . taritteey to make and en
force contracts, to see, to...be seed, he parties .
and give evidence, to inherit, purchase., lease,
sell, told and e'onvey real a/miters - anal prop
erty i and to full and entre./ benefit of all laws
and proc'eedings for this seen ritY of person and
Property as is enjoyed by white citizens ; and
i§hall be subject, to like punishmnnt, pains
and penalties, and to none other, any law,
tatute, ordinance, regulation or custom 'to
the contrary notwithstanding. • i
Sec 2.:,And ..thar,any person whet under
color of any law,; statute, ordinance, regula
tion or c,ustom, shall subject, or cans° to be
subjected, any inhabitant of any state or ter
ritory to the deprivation'of at y right secured
or protected by this act, or to punishment,
pains and penalties on account of such person
having .t any time tieen held in a condition
of slavety or involuntary servitude,
except for
the punishment of crime wheceo f the party
shall haAM been duly chuvicted .or by reason
of his color or,race, than is preicribed for the
punishinent 'of white persons, shall be demised
guilty ore. misdemeanor, and on conviction
shall be punished by a tine not exceeding one
thousand dolldrs or iMprisonment not exceed
ing one year, or both, in tbediscrelibn of the
court. . , 1 .
,
I ? Sec. 3. !That the. District Co11;4 of the
1 Unitcd,StUtes within their respectivddistricts '
shall hitve; exclnstvely ,of the courts of the
several states, Cognizance of all:crimes and
offences' committed
. against. the pro Visions of,
this act' and alio; •concorrently with the Cir
cuitCourtS of the United States, of all causes,
, civil and criraitfal,•alrepting "persons !who' are
' denied, or cannot enforce in the courts ofju
dicial tribUnal of the state-or localitiv where
they may be, any of the rights secured to
by the first section of this act; - and if any
suit or proieciition; civil oncriminal,has been,
or shall be commenced in any state court
against any such person for any.cauXe what
soever, civil or military, or any other person,
' any .arrei4 or imprisonment, trespasser, •or
wrong done or coriimitted , by-virtueor under
color of authority )deriveefriem this act, or.
the act establishing:a bureau for' ihe relief of
freedmmi and refugees, and all acts rtutenda
! tory thereof,nor for . refusirig-!tO, ! dol any, act
upon the ground thatit would be inconsistent
with this act, such defendant Shall ; have the
right to remove such cause fOr trial -to the.
prbper District or - Circuit Courtin the manner
prescribed by...the . act relating to "fabeai
Corpia, and regulatibg judicial • prOceedings
in certain cases, !approVed March third; 1863,
and all acts amendatory !thereto The juris
diction in civil and criminal. matter's hereby
conferred on the District! and Circuit Courts
of the United States, shall be exercised and
enforced in conformity' With the laws of the
fruited States, so far as such taws are suitable
to carry the same into effect; but hiall cases
where such laws are not adapted to the ob
ject, or are deficient in the previsions_ neces
sary to. furnish suitable remedies acid punish
Offences agai.rst the. law, the common lav; as
Modified'andlchanged, by the constitution and
statutes of the state whereiri the count having
jurisdiction Of the-,cause, Civil , or criminal, is
held,lso far as the same is not inconsistent
with the Constitlition and laws of the United
States, shall be' extended, and goVern, said
courts in the trial`. and disposition of such
cause ; and, if of a criminal nature, in the
infliction of punishment on ,the party found
guilty., - .
Sec. ,
That''' the district attorneys, mar
shals and depiltyl marshals of the United -
States, - the commissioners approved by , the
Circuit and Territoriall Courts of the United
States, With,power of arresting, imprisoning
• ~ . 3 I
or bailing offenders against the jaws of the
United States,. thejtifficers and agents of the
Freedman's Bureau, Rind every other officer
who! may, be especially, empowered, by the
President of the United. States,
shbll be and
they! are hereby sPeeittllY authorized and re
quired, at the expense of the - United States,
to institute proceedings against all and every
person who shall violate the proVisiOns ofthis
act, and cause 'hinia'r "them •O . be arrested
and imprlioned,
.or 1,
ailed, , as the case may
be, for trial before the United States or Ter
ritorial Courts as by ibis act hes cognizance
of !the offence; and With a view to affording
' reasonabid, proteetiOrti to: all ~persons in their
constitutional rights of equity before the law,
! without distinction oflrace, or color, ok pre- "
viola condition •bf slavery, or involuntary
!'servitude, except as alpunishment forrime;
whereof the partY l shall have heen dul' eon,
'•victed, and the prompt discharge of the llntles
of this act, if shall beithe duty.Of the Circuit
. Courts of the United s , tates, and the Superior
Courts of the territories of the - United States,
from time to time, to 'increase the number of
commissioners, so as to afford a speedy and
convenient melted foe the arrest and exami
nation of persenr,,lcharged with,' it yi9la4ori . of
this act. .; - • -1.. 11
Sec. ri.!-That said commissioners shall have.'
I concurrmit jririsdietiOn with the judges of the
I Circuit and District i Courts ofthe United
IStutes, and tlie..jiidg4of the Sbperior Courts
of the territories; se' erally and collectively,
, in term - time midi vacation,. upon satisfactory
!proof being :Marle,:to - lisChe-!witiriiiitic and pre,
opts - tor arresting 4il+:l bringing • before' diem
I
all •offenders against the provisions of • thiS aCt,!
and, on 1 examination' to cPsch4 l rge, admit toi
• . I
EOM
- i -
THE iCI-VIL RIGHTS BILL
fltigoiplos of Ito bghlochoy, qqa t B , i)laseNigqtiori: of T 1041119, ILifehto6: 4qa Wetos.
COUDERSPORT, FITTER COUNTY, PA.', TUESDAY. APRIL 17, 1866;
littil o oicomisit them "tpi - trial; as • the - facie
may Warrant. 1 1 l ••• .
f_See- 4. And such commissioners are hereby
authorized and required to exercise and die
-charge ill the' powers land duties conferred
on them by this act, and the same duties*ith
regard - to theliffinces - Created by this act as
therate 'authorized by'law - to .exereise with
regard to other drawee' against the laws of
the United Ste e tes. That it shall be the duty
Of the marshali and deinty marshals to obey
and execute all warrants and precepts issued
tinder the provisions oC the act, Wben to them
directed, and should any marshal or deputy
marshal
pro
to receive such w arrant or
9ther process when tendered, or to use all
proper means diligently to execute the same,
he stall, on conviction thereof, be fined in
the sum of one thousand dollars, to the L use
14 the person upon whom the accused is al-
lepiged to have committed the offence; end . 1
1 ,
the better to enable th commissioners to, ex- 1
eeute their duties fait fully and efficiently,
in conformity with the Constitution of the
United States and thef requirements of this 1
" ct. they 'are hereby authorized and empow"-
ered, within their 'counties respectively, 4S I
appoiot, in writing, under their hands, any
one or more suitable presons frpm time to
tithe to !execute all se warrants and other
process es may be iss ued by them in the law
fel performance of their respective dedies,and
Ike persons so appointed to execute any war
rant or process as aforesaid shall have &u
-s
thority to summon and call to their aid the
bystanders, or posse c+itatua of the proper
cennty, or such!portion of the land or naval
forces of the United S4ttes or of the militia
thy be necessary to the performance of
e duty with.which they are charged, and to
insure a faithful obsercianceof the clause of
the Constitution •which psohibits slavery in
c formity with the provision of this act;
a
pd .said warrants shalt tun and be executed
-
b.r
said officers anywhere in the state or ter.
ritory within - which they are issued. 1
!
i Sec. 7. That any perpon who Oita know.
iegly:and wrongfully obstruct, hinder or Pre
vent any officer or other per Son charged with
the execution of any warrant or proeessissned
ander the provisions of t his act, or any per
sea or persons lawfully assisting him or them
from arresting any person for whpse appre
hension such warrant or process may !have
I been issued, or shall rescue or attempt to res
cue such persons from the custody of the offi
cer, or person or persons, or those lawfully
assisting as aforesaid When so arrested, pur
-1 suant to the authority herein given and de
clared, or shall aid, abet or assist any person
so arrested as aforesaid! directly orlindirectly,
to escape from the custody of the officer or
other persons legally authorized as aforesaid,
or shall harbor or conceal any persons for
whom a warrant •or protest shall !have been
issued as aforesaid, sofas to prevent his dis
covery and arrest after, notice or knowledge
of the fact that a warrant has been issued for
the apprehension of such person shall for
either of said offences.tie snbject to a fine not
exceeding one thousand dollars and impris
4iment not exceeding six months, !by indict
ment before the District Court of the United
States for the district in which said offence
May have been committed' i or before the
proper court of criminal jurisdiction, if com
mitted within an? one of the organized ter
ritories of the United States.
Sec. 8. That the district attorneys, the mar
shals, their deputies, and the clerks of the
paid district and territorial courts, shall be
paid for their services the like fees! as may be
allowed to them for similar services in other
cases, and in all cases where the proceedings
are before a commissioner he shall ibe entitled
to a fee of ten dollars in full for his services
in each case, inclusive of all services incident
to such arrest and examination.- - The person
on persona authorized to execute the process
to be named by such commissioners for the
arrest of offenders against the provisions of
this ACt, shall be entitled to a fee of five dol
lars for each personl he or they may arrest
and take before any such commissioner as
aforesaid, with such other fees as may be
deemed reasonable by such commissioner for
such other additional services as may be nec
essarily performed by him or theth—such as
attending at the examination, keepiag the
prisoner in custody, and providing him with
food andlodglngs during his detention' and
hatit the final'determination of such commis
sioner, and in general for performing such
e ther duties as may be required in the prem
ises, such fees to be made up in conformity
With the fees usually charged by the officers
4 the Court of Justice within the proper dis
trict or country near as practicable, and paid
ut of the Treasury; of the United States, on
the certificate of the district wherein the ar
iost.is made, and to be recoverable from the
defendant as part of the judgment in case of
- conviction.
I Sen, 9. That whenever the President of the
United States shall have reason to believe
that offences have been or are likely to be
committed against the provisions of this act
!within any judicial district, it shall be law
ful for him, is his discretion, to direct the
jedge, marshal and district attorney of such
!district to attend at ituch place within the
district, and for such time as he may desig
nate, for the purpose of the more speedy ar
rest and trial of persons charged with a vio
lation of this act ; and it shall be the duty of
every judge or other 'officer, when any such
requisition shall be 'received by him, to at
tend at the, place and for the time therein
i
designated. 1 .
Sec. 10. That it shall be lawful for the
President of the United States' or such per
sons as he may empower for that purpose, to
employ such part of the land or naval forces
of the United States, or of the Militia, as shall
,be necessary to prevent the violation and en
;force the due execution of this . 'act.
Sec. 11. That upon all questions of law,
!arising in any cause' under the provisions of
this act, a final appeal may be taken to the
,Supreme Court of the United States.
'Attorney General Speed has now
about completed his report on pardons. It
will appear that from 12,000 to 15,000 rebels
hare been pardoned under what is known as
the $20,000 clause, and an equal number
under other exceptions making in all 25,000
to 30,000.
..x4ei- Josh Billings lays: "There is only
roe .adrantage that I ken see in goin tew-lbe
'derel ; and that it, the rode iz easy, and yti
!air sure to lit there,"
=ll
11===n
ESSEI
Veto Message_ of the Piresident.
To the Senate of the United States t
I regret that the bill Which has passed
both honses of Congress, entitled. "An
Acttoprotect all persons in; the United i
States n their civil Rights,l and furnish
the means of their vindieation,"•contains
provisions which 'cannot approve, con
sistently with my sense of duty to the
whole people of the United Stites. I am
thetefore ' constrained to return it to the
Senate (tbe body: where_ it originated,)
with My 'objections to its becoming a law.
By the first section of the bill, all per
sons born in the United States, and not
subject to any foreign power, excluding
Indians not taxed, are &Oared to be
citizens of the United Stateh. 'This pro
vision comprehends , the Chinese of the
pacifie'states, Indians subjecit to taxation,
the people called Gypsies; as well as the
entire race designated at "black,people of
color, negroes, 'mulattoes, and persons of
afrioan blood." Every individual of these
races born in the United States, is by the
bill made a citizen of the United States:
It does not purport to declare or confer
any other right of citizenship than federal
citizenship : it does' not propose to give
these classes of persons any status as citi
zens of states, except that which may re
sult from their status as citizens of the
United States. The power to , confer the
right of state citizenship is just as ex
clusively with the several states as the
power to confer the right of federal citi
zenship is with Congress. The right of
federal citizenship, thus to be conferred
in the severel excepted-ratios before men
tioned, is now, for the first time, proposed
to be given by law. If, 119 is claiined by
' many, all persons who are native born,
already are, by virtue of the Constitution
citizens of the United States,the passage
of the pending bill cannot be necessary to
make them such. If on the- Other hand,
such persons are not citizens asE may be
assumed from the proposed legislation to
make them such, the g rave question pre-,
sents itself whether, w here eleven of the
thirty-six states are unrepreseeted in con
g,ress at this time, it is sound policy to
make our entire colored population and all
other excepted classes cii,iZens of 'the
United States. Four million of them have
just emerged from slavery into freedom.
den it be reasonably supposed that they
p i l ossess the requisite qualifications to en-
Tie them to all the privileges and immu
nities of citizenship of the United States?
Have, the people of the several 'states ex
pressed such a conviction It.' may also
be asked whether it is necessary that they
should be declared citizens in order that ;
they may be secured in the elijoyment of
the civil rights proposed to bp conferred'
by the bill 7 Those rights are"; by federal
as well as by state laws, secured to all
domiciled aliens and foreigners, even be
fore the completion of the process of nat
uralization; and it may safely ,be assumed
that the same enactments are sufficient to
give like protections and , benefits to those
for whom this bill provides 'special legis
lation. Besides, the policy of the goy- -
ernment, from - its orgin to the present
time, seems to have been that perstms who
are strangers to and unfamiliar with our
institutions •and our laws
,should pass
through a certain; probation, at the end
of which, before attaining the coveted
prize, they mast, give evidence of their
fitness to receive and to exercise the rights
of citizens, as contemplated by the consti
tution of the United States. 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 long years of bond
age, the avenues to freedom and intelli
gence have been suddenly opened. He
mast of necessity, from his previous-un
fortunate condition of servitude, be less
informedsas to the nature and eharacter
of our institutions than he who, coming
from abroad, has to some extent, at least
familiarised himself with the principles of
a government to wbish he voluntarily en
trusts life, liberty and the pursuit of
happiness. Yet it is now proposed by a
single legislative enactment to confer the
right of citizens upon all persons of afri
can descent, born within the extended
limits of 'the United States, while persons'
of foreign birth, who make our 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,aud well
disposed to the geed order and happiness
of the same.
The first section of the bill also con
tains an enumeration of the rights to be
enjoyed by those classes sa made citizens
in every state and territory in the United
States. These rights are to make andlen
force contracts,to sue, be parties and give
evidence, to inherit, purchase, lease, sell,
hold,and convey real and personal poperty
and to have suchluil and equal benefit- of
laws and proceedings. for the security of
persons and' propertyas is enjoyed by white
citizens." "Se; too ' they , are, snade . subjeot
to the same puntshinente, pains and-lie-a
-1
-- r
_ , __~~:;
• .
titles, common with White oitizona,and to
mine others.
Thus a •perfect equalitY of the white and
colored r.seelis'attempted to be fixed by
federal law, in every state of the Union,
over the vast fields , of stater jurisdiction
wield by Alien enumerated rights. In
no one of them can any , state exercise any
power of discrimination between different
races. In the exercise of Stateolicy over
matters exclusively laffeethig t he people
of 'each state,itihas frequently been thought
expedient to discriminate between the two
races. By the statutes of some. of the ,
statesnortle, well as sonth,it is enacted
for in stance, that no white person shall
intermarry with a negro or mulatto.
IChancelor 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
they are prohibited in ail the slave holding
;states by law, tind When not absolutely
'contrary to la*, they are retolthig, and
regarded as an offence against 'public de
corum." Ido not say that this bill re
peals state la*s on thelsubject of marriag e
between the two races; for as the whites
are forbidden to intermarry with the blacke,
the blacks can only make each' conrtacts
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 inquire 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 of
marriage between the races. .1 Hitherto
every subject embraced in the enumeration
of the rights contained in the bill has been
considered as 'exclusively lielonging to
the states ; they all relate to the internal
policy and economy of the respective states
They are matters which in dull state,
concern the domestic con dition] of its peo
ple; ',varying in each according to its own
peculiar circumstances and thelsafety and
well-being of, its own citizens. I do not
mean to say that upon all these subjects
there are not federal restraints, for ir
stance, in the .state power or legislation
over contracts,there is a federallimitation
that no state shall pass a l law impairing
the obligations of contracts ; and as to
crime, that 'no state' shall' pass an expect
facto law; andoe to Money that no state
shall make anything but gold and silver a
legal tender But where can we find a
federal prohibition against the power of
any state to discriminate between aliens
and citizensi between' artificial persons
Called corporations and naturalized persons
in the right to hold real estates F flit be
granted that Congress' can repeal all state
Idea 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 lairs dis
criminating betwe l en the two races on the
subject of suffragel'and ofsce ? If Conaress
can declare by law who shall hold lands,
who shall testify, Who hall have capacity
to make a contrac t
i in a state, then Con
gress, can also , bylaw 'declare who,without
re g ard to race or coler, shall have the
tight to sit r ace
a juror or as a judge,to.hold
any acme, and finally,i to , vote in every
state and territory in the United States.
As respects the territories they come within
the power of Congress for, as to them,
the law-making power is the federal power
but as to the states poi similar provisions
exists, vesting in . Congress the power to
make rules and regulations for - them.
The object of the sec ond section of the
bill is to a ff ord discri minating protection
to colored persons in the full enjoyment
of all the rights 'secured to them by the
proceeding section. ; It declares that , 'any
person who,under toter of any law,statute
ordinance, regulation or custom, shall
subject or cantle 6o be : subjected any in
habitant of any state in territory to the
deprivation of anyirights secured or pro
tected by , this act, 'or to different punish
ment, pains or penalties, on account of
such persons having et;any time been held
in a' condition of slavery or involuntary
serVitude, except as .a punishment of
.1
crime, whereof the,party shall have been
duly convicted, or by reason of his color
or race, tha n is prescribed for thepunish
merit of white person 4, shall be deemed
guilty of a misdemeliner,and • on conviction
shall be punished by fine not exceeding
$l,OOO, or imprisonment ,not exceeding
one year or both, in the discretion of the
court., This section seems to be designed
to apply to some existing or future law of
a state or territory, 'Which may conflict
with the prdvisions of the bill now under
consideration. It piovides for counter
acting such forbidden legislation by im
posing 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 ex
ccution.l It means an official offence ; not
a common erten coMmitted against, law
upon the 'person 'or Ooperty of the black
race. Such i‘i'rict; 'May - deprive the black
man of hie property but not of his right
ttz,ft
..3 - Zi7Zl
C
PEA - ii.l**[tht
to . bold Preperti: ' It:Menai n'if '1
- 'eprtvaion
Of the . right Heel ipither,by thsattitayu
dicial -or the state -• legislature.! , lt is
chi:ran:a assumed that , under•tbisieetion •
members of a state - legisliture-Whofficiuld
vote for laws confileting with the. p .
.vis
lens.of the
,bil4that. judges of the 'State
minds who , should-reader judgments in
antagonism with itirtaims r and that IMar-
shals and 'sheriffs ltho iffititild,"tisinfin
isterial officers, execute processes 'nano-
honed by state laws and issued by state
judges in exentien , of• their judgMeits,
could be brOught'before other - tribtinals
and there subjected to fine'and ireprison
ment for the perforreance . of the duties
which each statellaws. might . linpoSnifThe
legislation I thus proposed invades - the . ju
dicial power of t he state. It nays to 'every
state court or judge : If . you decide that
, .4r ~.
that this act is unconstitutional;;yo u if
refuse, under. the prohibition of alstate
law, to allow a negro to,:testify; . if .you
hold that over snob a subject-matter the
Said law is paramount; under . midi of a
state law - refuse t he exercise ofthe:lright
to the negro; Y ur error of judgineet,
however console floes, shall subject you
to fine and imprisonment. '' I ' do: net hp
prebend that the conflicting ‘leigialation
which the bill seems to.."conteMplate le so
likely to occur as to render It necessary
.•
at this time to adopt a measure -of lisuch
dobtful constitutionality . - - In thelnext
place, this provision of - the billis - 044 to
,
be Unnecessary, as adequatejudicial: ret o edis could be adopted to 'secure; aid:de
sired end without invading tbeimmuoities
of,lec , islators, always important to berpre
serve% in tho intirssttof public 'fibitrty ;.
without assailing, the independence o f the
, .
, ,
judiciary, always 'essential to..the pre.ser-:
to. ,the
vation of lodivqdal rights, without and-
iinpairing the ' e fficiency of -Ministerial
officers, always n ecessary for-•thc7tiiiiote
.
nanae of public; ;peace and order.,l:7he
remedy proposed by this section:Semi; to
be in ; this respect not only enowalei s. but
uneonstitutional, for the 1 Constitution
guaranties nothing :with certnintY if it
does not insure to the sev e ral Sint 'slhe
right of 'making laws in . regard to n mat
ters. arising within their juriadietion„ sub-!
;Jed only to tbe restrictionsiwease of eon
flick with ,the constitutional laws of *4)
If nite4 States--,—thelatter ;.to be .fititt - as
np
the supreme law of the land.
- ' The third section gives the . . District
Courts of the United. States excl usive
cognizance of alllcrimes'and offeneesonin
--7
. . .. .
witted against the provisions of 'this act
and concurrent! jurisdiotion• With!. the
,• i •
• Circuit Courts of the . United -States;,of
civil and criminalcases, affecting persons
who are;decied, or cannot enforce in the
court or judiCial itribnnals of the Stato.or
locality wher e they may be, 'arty, of the
...
1 rights secured to 'them by the first section.
The construction *hich..l have givea to: the
second section is strengthened by -this third '
section; for it makes clear what kind of denial i
or privaiiion of rights secured by the • first
1 section was in contemplation. - It is•s denial
or deprivation of such rights in the eoliths or
1 judicial 'tribunals !of the State. It OtandS
therefore; cleat of doupt that.the offence and
the penalties provided. in the second section
are intended for the state judge, who, in the
clear exercise of his functions as a judge not
acting ministerially but. judicially, shall def. .
vide contrary to this federal law. • I'll other
words, when a state -judge, acting, upon: a, .
question involving a conflict between al State
law and federal latvi and bound 'according so
his own judgnient and responsibility to give
an impartial decision between the twcyjeomes
to the conclusion that the state' law is valid
and the .federal la* -is invalid, heli must
not follow the dictates of: his own judg...
merit at the peril . of file and imprisonment..
The legislative department otthe government •
of the " 1 United , States thus takes from •
the - judicial department of . the states the
sacred and exclusiye duty of judicial dicislon
and converts the state judge into a mere min•
isterial oificer, bound to decide according to
the will of Congress; It is clear that in states -
which deny to persons,whose rights are secured
by the first section of the bill. anyone of those -
rights, all criminal and civil cases affecting
them will i -by the provisions of the third sec
tion,,, collie under the executive cognizl nce. of
the federal tribunals. it follows that if any
state•whith denies to a colored . . person aita
one of all those rights, that, persons should
commit a crime against the laws of a state--=.
murder, arson, rape, (many °their' -cristat e--= till
proteCtiOn and punishment through the Courts
of the state are taken,aWay, and lie can only
be tried and :punished in Altai federal touts,
How is the criminal to be tried - if the offence
is provided fot and pilnished:by federal' law ?
That law, and not tbe . state la*, is to• govern. - •
It is only when the offence does not happen to
be within the purvie' of the !federal mar that'
the federal Collets are; to try and punish him
under any other ,laW: Then resort is to be'
had to the common law, as modified 'and
changed by state, legislation, so far as the
same is not inconsistent withltbe Constitution'
'and laws of the United StateS. So that 'over
this vast domain of criminal jurisprudente,
prcatided by each state for the protectien Of
its awn cititens and for the punishment of all --
persons who violate its Criatinallaws:federal
law, wherever it can be made to n.pply,AiSplates
stat 3 law. The question here natafrally arise,
from what source Congress 4eriveS.thc owl .
to transfer to federal' tribunals Certain clasie..a
of eases embraced in this action. The • Cco-
, stitution expressly declares, I that the juditiadi
1 power of the United States "Shall extend in, all
1 cases 'in law and esaity arising • andel'. ibis
Constitution, the laws of the Unit- a st?tei, -
and. treaties made or which shall br szadbain--
det their authority i to an cases aff,. , ct,ing ain
bassadersor other public riiiiiisters...ual con-
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