The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1866-04-04

JuUScS VI Glo Otdto COuItS WuO SllOulu IGils
der judgments in antagonism with its
terms, and that marshals and sheritfs who
should, as ministerial officers execute pro-
cesses sanctioned by State laws, issued by
State judges, in execution of their judg.
ments, could be brought before other tri-
bunals, and there subjected to fine and inn
prisonment, for the performance Of the du-
ties which such State laws impose. The
legislation thus proposed inyades the judi
cial power Of the State. 1t says to every
State court or judge: Ifyou decide thst
this act is unconstitutional, if you refuse,
under the prohibition of State law to oil.
low negro to testify, if you hold, that
over such q subject matter, the said law is
paramount, and under color Of a State law
refuse the exercise Of theright to the negro,
your error Of Judgment, however corscien-
tious, shall subject you to fine and impris-
Onment. / do mot apprehend conflicting
legislation, which the bill seems to cOntem-
plate, is so likely to occur, as to render it
necessary at this time to adopt the measure
Of such doubtful constitutionahty.
In the next place this duty ola judicial
decision converts the State judge into a
mere ministerial officer, bound to decide
according to the will of Congress. It is clear
that in States which deny to persons those
rights as secured by the first section of the
bill, any one of those rights, all criminal
and civil cases connecting will, by the third
section, come under the executive cogni-
zance Of the Federal tribunals.
It follows, t:at ifany State which denies
to q c0lored person any of all these rights
person should commita crime against the
laws Of the State, murder or any other
crime, all prosecution and punishment The
courts of the State are taken away and he
can only be tried and punished in FEEDER.
al court. How is the criminal to be tried
if the offence is provided for and punished
by the Federal law. The law and not the
State law is to govern, 1t is only when the
offense does not happen to be within tho
jurisdiction of the Federal law that the
Federal courts are to try and punish him.
Under any other than this, resort is to be
had to the common law as modified and
changed by State legislation, so far as the
same is not inconsistent with the ,constitu-
ton and laws of the United States. So
that over this vast domain Of criminal juris-
prudence, provided by each State forsthe
protection of it's own citizens for the pun
ishment of all her sons who violate its
criminal laws, Federal law whenever it. can
be made to apply, displaces State law. The
question here naturally arises, from what
sources Congress derives the power to trans
fer to Federal tribunals certain classes of
cases embraced in this section. The cou-
stitution expressly declares that the judi
cial power Of the United States shall extend
to all cases in law and equity arising under
this constitution, the laws of the United
States and treaties made, and Which shall
be made under their authority, to all cases
affecting ambassadors or other public min.
listers and consuls, to all cases of admiralty
and maritime Jurisdiction, to controversies
to which the q. S. shall be party to con.
troversies between two or more States, be.
tween State and citizens Of another State
between citizens of different States between
citizens Of the same States, claims land
under grant Of different States and between
aState or the citizens thereof and foreign
States, citizens or subjects. Here the ju-
dietary power Of the United States is ex
pressly set forth and defined, and the &C,
Of September "a, 1889, establishing the
judicial courts Of the United States, in con
ferring upon the Federal courts jurisdic
ton over cases originating in State tribu
mails, is careful to confne them to thu
clauses enumerated in the above recitet
clause Of the constitution. This section o
the bill undoubtedly comprehend the case
and authorizes the exercise Of power tho
are not by the constitution within the juris
diction Of the courts Of the United States
TO transfer them to those courts would b
exercise Of authority will calculated to eS
cite distrnst aud alarm on the part OF al
the States, for the bill applies alike to al
ofthem as have as to those that have no
engaged ID the rebellion. II may be as
suined that this authority is incident I
power granted to Congress by the consti
tuition as recently amended to enforce du
appropriate legislation the article declarin
that neither slavery nor Involuntary serv
tude, except as punishment Or crime, an
the party thereon be duly convicted, sha
exist within the United States or any plac
subject to their Jurisdiction. It canno
however, be justly claimed that with D vie,
to the enforcement OF this article of th
constitution thereis at present any uece
sity for theexercise ofall the powers whic
this bill confers. Slavery has been abo
ished and st presentanowhere exists with
the jurisdiction Of the United States, b
is it likely there has been, nor is it like
there will be, any attempts to revive it, l
the people Of selStates. no, fs4tsfs
II, however, any such an attempt shoul
be made, III wilElbecome the duty of Il
General Government to exercise any inc
dental powers necessary and proper q
maintain inyiolate this Government, al
laws Of, the freedmen. ye969 ai d
The fourth section of this bill provid
that officers and agents of the Freedmen
Bureau shall be empowered to make arrest
and that other officers may be special
commissioned for. that purpose by q
President of the United States. is also Q
| thorizss Circuit Courts ofthe United State
and Superior Courts of Territories, to a
point, without limitations, commissions
, WHO are to be charged with the perforl
ance of quasi duties. The fifth section e.
/ powers the commissioners so to be select
, by tie court as to appoint. in writing, o
J or more suitable persons. oM.tinie to tan
/ to execute processes, etc. The num nun q,
| officials and agents are made to constlt1
sort OF policc, in addition to tie mliita'
, and are authorized to summon a 20
. comiiatus, aud even to call to their aid gu
portion of tile land and naval forces OF
J, United States, on of the militia, as may
: necessary to the performance OF the du
i with which they are charged. This ext
= ordinary power Is 10 be conferred up
) aycnts irresponsible tc tie Government a
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