The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1866-04-05

! iudlciary always eSSentlai 70 the pre-
servation of individual rights. and with
out impairing the efficiency of ministerial
| officers, always necessary for the main
tenance ofpublic peace and order. The
remedy proposed by this seetion.seems
TO be in this respect not only anomalous
but unconstitutional, for the Constitu-
ton guarantees nothing with certainty
i if it does not ensure to the several States
the right of making index ruling laws in
regard to all matters arising within their
jurisdiction, subject only to the restric-
/ ton, in cases OF conflict with the Consti-
tuition. aud constitutional laws of the
/ United States-4he latter to be hell As
the supreme law Of the land
The third section gives the District
! Courts Of the United States exclusive
! coonizance Of all crimes, and offenses
! committed against the provisions of this
! act, and concurrent jurisdiction with the
/ Circuit Courts Of the United States. OF
| all civil, and criminal cases, affecting
persons who are denied, or cannot en-
| force in the courts, or judicial tribunals
| of the State or locality where they may
/ be- any Of the rights secured to them by
| the first section. The construction which
! l have given to the second section is
| strengthened by this third section. for it
makes clear what kind of denial. or de
| privation of rights secured by the first
section, was in contemplation. 1t Is a
| denial or deprivation of such rights in
the courts or judicial tribunals of the
State It stands, therefore, clear of
doubt that the offense and the penalties
provided in the second section are in
tended for the State Judge, who in the
clear exercise of his functions as q judge.
not acting ministerially but judiciallv,
shall decide contrary to this Federal law.
In other words, when State Judge, act
ing upon q question involving conflict
between a State law and Federal law.
and bound, according to his own judg
ment and responsibility to give an i'm
partial decision between the two, comes
to the conclusion that the State law is
valid and the Federal law is invalid, he
must not follow the dictates of his own
judgment, at the peril of fine and impris
onment The Legislative department of
the Government of the United States
thus takes from the Judicial department
Of the States the sacred and exclusive
duty of judicial decision, and converts
the State Judge into a mere ministerial
officer, bound to decide according to the
will Of Congress. 1t is clear that in
rights are secured by the first section of
the bill, any one Of those rights, all
criminal and civil cases affecting them
will, by the provisions of the third sec
ton, come under the executive cogni
zance of the Federal tribunals. 1t fol
lows that if in any State, which denies
to a colored person any one of all these
rights, that person should commit a
crime against the laws Of State-mur-
der, arson, rape, or any other crime-all
protection and punishment, through the
courts of the State, are taken away, and
he can only be tried and punished in the
Federal Courts. How is the criminal to
be tried, if the offense is provided for
and punished by Federal law? That
law, and not the State law, is to govern,
1t was only when the offense does not
happen to be within the province of
Federal law that the Federal courts 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 with the Constitution
and laws Of the United States. SO that
over this vast domain of criminal jurs-
prudence, provided by each State
for the protection of its citizens, and
for the punishment of all persons who
violated its criminal laws, Federal law
wherever it can be made to apply, dis
places State law. The question here
naturally arises. from what sources Con
gress derives the power TO transfer to
Federal tribunals certain classes of cases
embraced in this section, The Consti
tuition 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,
or which shall be made. under their au-
thority; to all cases affecting embassa-
dors or other public ministers and con-
snls; to all cases of admiralty and mar
itime Jurisdiction; to controversies to
which the United States shall be party
to controversies between two or more
States; between a State and citizens Of
another State between citizens of diff
ferent States: between citizens of the
same State, claiming land under grants
of different States, and between State,
or the citizens thereof, and foreign
States, citizens or subjects Here the
judicial power of the United States is
expressly set forth and defined. and the
act Of September "a, 1889, establishing
in comforting upon the Federal Courts
jurisdiction over cases originating in
State tribunals, is careful to confine them
to the classes enumerated in the above
recited clause of the Constitution. This
section Of the bill undoubtedly compre
hends cases and authorizes the exercise
of powers that are not, by the Constitu-
ton, within the jurisdiction of the Courts
of the United States. To transfer them
to these courts would be an exercise 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. as we'll to those that have not been
engaged in rebellion 1t may be assun.
ed that this authority is incident to the
power granted to Congress by the Con-
stitution as recently amended to enforce
by appropriate legislation the article de-
cIaring that neither Slavery nor involun-
tary servitude, except as punishment
for crime whereof the party shall have