American citizen. [volume] (Canton, Miss.) 1864-1890, 1866-03-31

,onstitutionallty.
In the next place this duty of a
udicial decision, converts the State
Jud0p info a mere ministerial officer,
bound to decide according to the will
If Congress. 1t is clear that in States
which deny to persons those rights
that are secured by the first section
of the bill, or any one of those rights,
all criminal and civil cases affecting
them will, by the third section, come
under the executive cognizance Of
tbe Federal tribunal. 1t follows that
if in any State which denies to a col
ored person any one of these rights,
that person should commit a crime
against the laws of the State-mur-
der or any other crime-all protec-
ton and punishment i'll the courts
of the State are taken away and he
can ONLY be tried and punished i'll a
Federal court. How is the criminal
70 be tried! If the offense is pro-
yided for and punished by the Fed
eral law, that law, and not the State
law, is to govern. 1t is only When
fine offense does not happen to be
within the jurisdiction Of the FEEDER
al law, that the Federal courts are to
punish him. Under any other law
than this, resort is to be had to the
Common Law as modified and chang
ed by State legislation, SO far as the
same is not inconsistent with the
Constitution and laws Of the United
States, So that over the vast do
main of criminal jurisprudence pro-
vided by each State for the protec-
ton of it's own citizens and for the
punishment of all persons who vlo-
late its criminal laws, Federal law,
wherever it can be made to apply,
displaces State law. The question
here naturally arises, from what
sources Congress derives the power
TO transfer to Federal tribunals Ger
tain classes of cases embraced i'll this
section. The Constitution expressly
declares that the judicial power OF
fine United States shall extend to all
eases in law and equity arising un,
der This Constitution and the laws OF
fine United States, and treaties made
and which shall be made under then
authority, to all cases affecting am
bassadors or other public ministers
and consuls, to all cases OF admiralty
land maritime jurisdiction, to contro
versies TO which the United States
; shall be party, to controversies De
tween two or more States, between
State and citizen Of another State
between citizens of different States
between citizens of the same State
claiming land under grant of differ
cnt States, and between state ah'
the citizens thereof and foreIgl
+ states, citizens or Subjects. Herr
the judiciary power of the Unlte'
states is expressly set forth and de
, fined, and the act of Sept. 24th, l1S'
establishing the Judicial Counts G
, ltbc United States, in conterrlnS VI
on the Federal Courts jurlsdlctio
over eases originating in State II.
hunols. is careful to conline them I
q fine eases enumerated in the aboV
rrcited clause of the Constitution
Y This section of the bill undoubtedl
;. comprchtnded the eases, and autlo
:. lies the exercise Of powers that al
n NOT by the Constitution within I'll
+ Jurisdiction of the United States. i
q transfer them to those courts WON
he an exercise of authority well ca
If culatcd to excite distruSt and alafl
n on thc part of all the States, for IL
n bill applies alike to all OF them,
8 we'll as TO those that have as tho'
q that have not engaged in the rebf
n lion. 1t may be assumed that IN
.. authority is incident to the pow
II Granted to Congress by the Cons
y tution, as recently amended, to G
:, force by appropriate legislation u
p. article declaring that neither slave
to or involuntary servitude, except
n punishment for crime, aud the p'
IS ty thereof be duly convicted, sh;
= Icyist within the United States,
~ any place subject to their JurlSd
nt tion. 1t cannot, however, be just
III claimed, that with view to the
a. forcement of this article OF the Cc
O. Stitution, there is at present any
70 cessity for the exercise OF all I
a movers which the bill confcrs. 3
m very has been abolished, and at pr
ne ent nowhere exists within the Jul
n diction of the United States, nor
h. there been, nor is it likely there v
,is be. any attempts to revive IT by
D. people of those States. II, MONEY!
of any such attempt shall be mace
m will become the duty of the Gene
II. Government to exercise any OF
ro- incidental powers necessary .
on proper. to maintain inviolate |
mt Government law of the freedmen.
,ss The fourth section of the bill ?
,rs yidcs that officers and agents OF
inf Frecdmcn's Bureau shall be emp
ms cred to make arrests, and That OF
ON officers may be specially commissl
or ed for that purpose by the freSln
cb of the United States. 1t also auti
an ICES Circuit Courts of the Terrlto
10 to appoint, without limitation, u
ro. missioncrS, to be selected by
The court, who shall appoint, in writ
re one or more suitable persons, II
lar time to time, to execute warrs
cc- and other processes provided by
MS biII. These numerous Officials
the agents are made to constitute
IT $ of police in addition to the mIlit
an and are authorized to summon
ar POSSE CoNuTATUs, and even to
as 70 their aid such portion OF the
.rss and naval forces of the United Sta