The legislation thus proposed
invades the judicial power of the State. It says to every State court or
judge, If you decide that this act is unconstitutional; if you refuse,
under the prohibition of a State law, to allow a negro to testify; if
you hold that over such a subject-matter the State law is paramount, and
"under color" of a State law refuse the exercise of the right to the
negro, your error of judgment, however conscientious, shall subject
you to fine and imprisonment. I do not apprehend that the conflicting
legislation which the bill seems to contemplate is so likely to occur as
to render it necessary at this time to adopt a measure of such doubtful
constitutionality.
In the next place, this provision of the bill seems to be unnecessary,
as adequate judicial remedies could be adopted to secure the desired end
without invading the immunities of legislators, always important to be
preserved in the interest of public liberty; without assailing the
independence of the judiciary, always essential to the preservation of
individual rights; and without impairing the efficiency of ministerial
officers, always necessary for the maintenance of public peace and
order.
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