The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1866-04-06

entious shall subject you TO fine andimpris-
. onment Idon apprchend that the conflict.
ing legislation which the bill seems to con.
template is 80 likely to occur as to render il
necessary at this time, to adopt measure
OF such doubtful constitutiorality. In the
next place, this provision Of the bill seems
to be unnecessary, rs adequate judicial rem.
edies could be adopted to secure the desired
end, without invading the immunities Of
Legislators, always important 10 be pre-
served in the interests of public liberty !;
without assailing the independence OF tho
Judiciary, always essential to the preserva,
tion OF individual rights, and without i'm
pairing the efficiency Of mnisteri i officers,
always necessary FOR the mathematics ofpub.
lie peace and order. The remedy proposed
by this section seems TO be in this respect
not only anomalous, but unconstitutional
tor the Constitution guarantees nothing
with certainty IL It does not insure 10 the
several States the right Of making and exc
cutting laws in regard to all matters prisipg
within their jurisdiction, subject only to
the restriction that in cases of conflict with
the Constitution and Constitutional laws of
the United States, the latter should be held
to be the supreme law of the land.
The third section gives the District Courts
of the United States exclusive "coguzance
of all crimes and ofieHses committed against
the provisions OF this act" and concurrent
jurisdiction with the Circuit Courts of the
United States OF oil civil and criminal cases
affecting persons who are denied or can
not enforce in the courts or judicial tribunal
of the State or locality where they may be
any of the rights secured to them by the
first section.P The construction Which have
erit ~ tk.,H l.,
ened by this third section, for it makes
clear what kind of denial or deprivation Of
the rights secured by the first section was
in contemplation. II is denial or depriva
ton of such rights lin the courts or judi
cal tribunals OF the State 1t stands there
fore cloar of doubt that tho oifense and
the penalties provided in the second sec
ton are intended for the State Judge, who,
in the clear exercise OF his functions as q
judge ot acting ninisterially but jndicialy
shall decide contrary to this Federal law,
In other words, when State judge, acting
upon question involving conflict between
State law and Federal law, and bound
according TO his own Judgment and re-
sponslblity togive an impartial decision
between the two, comes to the conclusion
that the State law is valid and tho Federal
Jaw is invalid, he must not follow the
dictates of his own judgment at the peril
of fine and imprisonment, The Legislative
of the Government of the
United States thus takes from the Judicial
Department of the States the cd and
exclusive duty of judicial de,ision, and
-convertStlie State Judge into mere minis.
-terial officer bound to decide according to
the will of Congress. 1t is clear that in
States which deny to persons whose rights
are secured by the lst section of tho bill
any oieof those rights all criminal and civil
cases affecting them will, by the provisions
of the 3d section, come under the Executive
cognizance of the Federal tribunals. 1t fol.
lows that if any State which denies to q
cOlored person any one of all these rights,
that person should commit crime against
the laws of State, murder, arson, rape, or
5anysotler crime, oltproteetion and punish
-ment through the laws of the State are taken
away, and he eau only be tried and punished
in The Federal Courts. How is the criminal
to be tried? If the oifense is provided for
tand punished by Federal law that law and
not the State law is to govern. II is only
when the offense does not happen to he
within the pcrview of Federal law, that
the Federal Courts arc to try AMI 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 Consttu-
'tion and laws of tho United States. So that
over this vast domain of criminal jurispru-
deuce provided by each State for the pro-
lection of its own citizens and for the punish
ment of all persons who violate its criminal
laws, Federal law, wherever it can be made
to apply, displaces State law.
The question here naturally arises from
what source Congress derives the power
TO transfer to Federal tribunals certain
classes OF cases embraced in this section
The Constitution expressly declares that
the judicial power Of the United States
I" shall extend to all casses in law and
equity arising under this Constitution,
the laws Of the United States and trea.
ties made, or which shall be made uEder
their authorty to all cases affecting am
bassadors, other public ministers aud
constiIs to all cases OF admiralty and
maritime Jurisdiction to controversies 10
which the United States shall be aparty
TO controversies between two or more
States; between a State and citizens of
another State; between citizens of differ
ent States between citizens OF the same
State claims of lands under grants of diff
ferent 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 the judicial courts OF the
United Slales,n comforting upon tho Federal
courts jurisdiction over cases originating
in State tribunals, is careful to confue them
to the classes enumerated in the above reci-
ted clause Of the Constitution. This section
of the bill undoubtedly comprehends cases
and authorizes the exercise Of powers that
are not 10y the Constitution within the ju-
risdction of The courts of the United
States. To transfer them TO those conrts
would be an exercise Of authority we'll cal
culated to excite distrust and alarm on the
part of all the States for the bill applies
alike to all of them, as well to those that
have as to these that have not been
engaged in rebellion. 1t may be, as
sunIed that this authority is incident TO the
power granted 10 Congress by the Coustitn.
tien, as recently amended, to enforce, by ap.
propfiate legislation, the article declaring
that "Eeither slavery nor involuntary serYi
tnde except as a punishment Tor crime
whereof the party shall have been duly
81 all exist within the United
States or any place subject to their juris.
II cahuot, however, be Justly
claimed that with view to the enforce
menE Of this article of the Constitution
therei is at present any necessity for the ex-
ercise Of all the powers which this bin
confers. Slavery has been abolished, and
at present nowhere exists within tie jUris-
diction of the United States. Nor has there
haen ucr IL IN lfkalv tl,ara will he anu a. /