This section seems to be designed to apply to some existing or future
law of a State or Territory which may conflict with the provisions of
the bill now under consideration. It provides for counteracting such
forbidden 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 offense, not a common crime committed against law upon the
persons or property of the black race. Such an act may deprive the black
man of his property, but not of the _right_ to hold property. It means
a deprivation of the right itself, either by the State judiciary or
the State legislature. It is therefore assumed that under this section
members of State legislatures who should vote for laws conflicting with
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 before other tribunals and there
subjected to fine and imprisonment for the performance of the duties
which such State laws might impose.
Pages:
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255