East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1866-04-04


ths concIusiou that the State Law is valid. and
the Fsdernt law ID invalid, he must not follsw the
dictates Of his own Judgment at the peril Of hne
and imprisonment The legislative department
II the Government Of the United States, thus
tskes from the Judicial department Of the States
tbs sacred aud exclusive duty of, n Judicial de-
cisIon, and converts the State Judge Into nero
minisserial ofi,er, bound to decide according 10
the viii Of Congress. II Is clear that In States
which deny 10 persons whose rights are secured
by the first section Of the bin any one Of these
rights, all criminal and civil cases affecting them
win by the provisions Of the third section come
under the executive cognizanee Of the Federal
tribunals Itfollows that II any state denies 70 q
coiored person any. one Of oil these rights, and
that person should commit q crime against the
laws of a State, murder or any other crime, all
protection and punishment through the courts Of
the State am taken awsy and be csn aud he can
only be tried and punished in the Federal courts.
How Is the criminal TO be tried IL the offence Is
provided fox. and lasrstAte Inv & to govern IL
Is only when the offence does not happen to he
within the puiview Of Federal law that the Fed
iral courts are to try and punish him nndcr any
other law Then resoris to be had Ia The COM
mon law MS modified and chspgsd by State legis.
ntion 80 far as the same Is not inconsistent with
the cs,nsst0tion and laws Of the United States, so
that over This vast domain II criminal jurisprn-
dence provided by each State for the protection Of
its own citizens and for the punishment of all
persJns who violated It's criminal laws, Federal
law, wherever IL can be made to apply, dsplaccs
State law. The question here naturally, arises,
from what source Congress derives the I"w.r ~
transfer 10 federal tribunals certain casses OF
cases embraced /, this section. The Constitution
expressly declares that the judicial powers Of the
United States ehall extend 10 all in law and
equity arising under this constitution, the laws OF
the United states and treaties made or which
hall I've made under their authority /; TO all cases
affecting ambassadors or other public ministers
or constis to all eases of admiralty and mari
time jurisdiction; tn controversies To which tho
United States shall he ~ party; TO controversies
between two or more states, between state an
citizens of another State between citizens of DIFF
ferent Sstes; between citizens III the same state,
cl,iming lani under grants OF different states, nd
hetwecn ~ state or the citizens thereof, aud for
eign states. citizens sui iects Here The judi
ciai lower Of the United States it expressly set
Firth and 4 fined, and the act of September 24ih,
7S9 estab shing the juui;lnl courts or the nited
States. in c'bfcrring upon the Fedora, Courts ia
risdist,on over cases originating in State nibu-
nils L. careful to eonine them 10 the classes emu
ne saied in the above reciiei clause OF the ton-
siitutiuu This section OF the bill un loubte'ily
cuInprehen,'s cases anl authorizes the eisr OF
Lowers, that are not by the Const tution within
the jurisdiction OF the courts IL the United States
To iran der them 10 ihose courts would he an ex-
ercise of authority well calculated To excite dis
trust and alarm on the part of all the States, for
the bill applies alike to all Of them ms well to
those that have NJ to those that have r,: been
gagged in the rebellion. Ii MY be assumed that
this authority is incidental 10 the power granted
TO Congress by the Constitution, ne recently
amended, to enforce by appropriate legislation
the article d. claring that nither slavery nor IN
voluntary serv itude, except rs n punishment for
crime, whereof the party shall have been duly
convicted shalt exist w,thn the United States or
any place subject To their juris iictio IL cannot.
however he Justly claimed that, with view To
The enforcement of this0rtice of the Const itution
there IL ut present any necessity for the exercise
of all the yers which this bill confers. Slavery
has been, ,nbolishe,l AMI M present nowhere exists
within the jurisdiction of the United S,ates, nor
has there been, is It likely there will be. any
stteml I. To revive it by the people of the States
However, IL any such attempt shall be made IT
will then Le oine the duty oil the general govern
nent to exercise any aud all incidental powers
necessary aud p oper 10 maintain lnvio T. The law
The fourth section of :his bill provides that Of
nccrs an "scn,- OF sne fr,edspcn'. bureau shall
Ls sDpowered to miks arrests, an aiso that other
otcer- may be specially cofnnistonai fae ihs rtr-
pnse by the President OF tbs United states. IL
also authorizes the Circuit coaris Of ths United
States nj tho Superior Courts of the Territories
20 appoiut without limitai ion. comm missoners who
arc to be charged with tue performance Of quasi
judicial duticr. naHa itff
The 9Th section empowers the commissioners
10 be selected by the court to appoint. IN writing.
one or more suitable persons TO execute warrants
aud other processes desirable by the bill. These
numerous officials and agents are made ~ eonsti-
tute police in addition to the military, and are
authorized 10 summon posse conuafus, and
even 20 call Ia their nj such portion ef the land
an naval forces of the United stale, or of the
militia as may te necessary to the performance
Of the duty with which they are charged. This
extraordinary power u {. hc conferred upon
agents irresponsible To the Go, ernment Vt to the
people to whose number the description Of thcr
commissioners is the ouly limit, md in whose
hands such authority might he made n terrible
engine oi wrong, oppression aud fraud The
general statutes regulating the land and naval
forces of the Cuited States, the militia and the
execution OF tho laws, are. believed TO be ade-
qnaIe Tor any emergency which can occur IN
times Of peace. lfit should prove othcrw lsc Con-
gress can Vt any time amend those laws IN .uch
manner ms, while subscribing the public wcliwe.
no, TO jcppardize the rights, interests AMI liber-
ties of the people
The seventh Sc ton provides thrt y fee of ten
dollars shall be paid to each com'niss ,ner in
every ctse brought before him. AMI fee of fve
dollars to his deputy or dcpuiies ior each person
be or they may arrest and take before any such
commissioners with such other fees ms may lie
deemed reasonalle by su. commissioner in gcn-
era for performing such other duties as may be
v
rrq"ired'in tue premises ~, thcsc ices are !"
bu p,'i our 4" 'ne Ire e'Sury .h tue oh'sl Sta,est
whether fbefe Us" c"hV"hou or not nut oot
in ease of conviction they are to be recoverable
nun inc deien ih' seems 10 me 'nn uhaet
tue 'nt"enee :" su emp,''ionS o'i men 'h' h'
convert "ny Jaw however .ehen ,eh', INTO an in-
s'ruhcn' oi persecution anu ir"uo r.
by the eighth section of the bill TIE tinted
States couris which SIT only 10 place for white
ci,ize vs. must migrate with the Marshal and Ds-
,rict attorney, and necessarily with the Clerk a..
though l,e is MT mentioned, tp any part Of the
District uIon the order Of the prssi lent, and
there hulj court for the purpcse Of the rnnre
speedy ur-cst anl trial of persons charged with
vol,tiol, Of this at and there the judge AMI T.
ccrs of the court must rem I'm ulrn the or Ter If
the President for the time therein des,gnotei
The ninth s.viion authorizes the President. OF
such person MS he may empowei fr that pur-
dose to rtuploy such part Of the land or naval
forces of the Unifel States. of the militia as
shali be- necessary To- laeveDi the violaii"n anI
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