Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1866-04-05
CHARLEsTowN, THURSDAY, APRIL 5, 1866.

eording to his OVID judgment and responsibility
to give an impartial decision between the two
eunses to the conclusion that the State k,w i
valid and the Federal law is invalid, he mus
not follow the Dictates of his own Judgment, NJ
the peril Of fine and imprisonment The leg
isative department of she Government Of th'
United States shus takes from the judicial de-
partment of the States the sacred and exclnsiv,
duty of judicial decision. aud converts the State
| Judge into a mere ministerial officer, bound t.
decide according 70 the will Of Congress.
1t is clear that in States wiich deny 10 per-
sons whose rights are secured by the first sec
ton Of the bill any one of those rights, allcrim-
| inal and civil cases affecting them WILL by the
provisions Of the third section, come under the
I exclusive cognizance of the Federal tribunals.
1t follows that if, in any State which denies to
a colorcd person any one Of al! those ris'lts,
that person should commit against the laws of
the State-murder, arson, rape, or any other
crme-all protection and punishment thn,ngh
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 triel? If
the offence is provided for and punished by
Federal law, aud not the State law, is to govern.
1t is only when the offence does not happen
to be within the purview 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,
$50 far as the same is not inconsistent with the
Constitution and laws Of the United States. y
So that over this vast domain of criminal juris-
prudence provided by each State for the pro-
lection of its own citizens, and for the punish
mcnt of all persons who violate its criminal law,
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 en-
braced in this section? The Constitution ex-
pressly declares that the judicial power of the
United States 4" 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 authority ;
to all cases affecting ambassadors, other public
ministers and consuls to all cases of admiralty
and maritime jurisdiction to controversies to
which the United States shall be a party to
controversies between two or more States, be-
tween State and citizens of another State, be-
tween citizens Of different States, between citi-
zens of the same State claiming land under
grants of different States, and between State,
or 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 States, in comforting upon
Hung hs hsqfFas State Tribunals IS careful 70 conne
them to the classes enumerated in the above
recited clause of the Constitution. This section
of the bill undoubtedly comprehcnds cases, and
authorizes the exercise of powers that are not,
by the Constitution, within the jurisdiction of
the courts of the United States. To transfer
them to those courts would be an exercise of
authority well calculated to excite distrust and
alarm on the part of all the States, for the bill
applies alike to all of them-as well 10 those
that have as to those that have net been en-
gagged in rebellion.
1t may be assumed that this authority is in
cident to the power granted to Congress by the
Constitution, as recently amended, to enforce,
by appropriate legislation, the article declaring
that ''neither slavery nor involuntary servitude,
except as punishment for crime, whereof the
ist within the United States, or any place sub
ject to their jurisdiction" 1t cannot, however,
he Justly claimed that, with view to the en-
forcemcnt of this article of the Constitution,
there is at present any necessity for the exercise
of all the powers which this bill confers.
Slavery has been abolished, and at present
nowhere exists within the jurisdiction Of the
United States; nor has there been, nor is it
likely there will be, any attempt to revive it
by the people or the States. II, however, any
such attempt shall be made, it will lthen become
the duty of the General Government TO exer-
else any and all incidental powers necessary
and proper to maintain inviolate this great con-
stitutional law of freedom.
The fourth section of the bill provides that
officers and agents Of the Frecdmcn's Bureau
shall be empowered to make arrests, and also
other officers may be specially commissioned
for that same purpose by tho President OF the
United States. 1t also authorizes circuit courts
of the United States, and the superior courts
of the Territories, to appoint, without limita-
tion, commissioners, who arc to be charged with
the performance of quasi judicial duties. The
fifth section empowers the commissioners so TO
be selected by the courts to appoint in writing
under their hands, one or moresuitable persons
from time TO time, TO execute warrants and
other processes described by the bill. These
numerous official agents are made toconstitute
a sort of police, in addition to the military, and
are authorized to summon posse coni1at'ts,
and even to call to their aid such portion Of the
the land and naval forces of the United States,
or of the militia, "as may be necessary to the
performance of the duty with which they are
charged"
This extraordinary power is to be conferred
upon agents irresponsible to the Government
and to the people, TO whose number the discre-
ton of the commissioners is the only limit, and
in whose hands such authority might be made
a terrible engine of wrong, oppression and
fraud. The general regulating the land
and naval forces Of the United States, the mill
tia and the execution of the laws, are believed
to be adequate for every emergency which can
occur in time of peace. II it should prove
otherwise, Congress can at any time amend
those laws in such manner as, while subscribing
the public welfare, not to leopard the nights,
!. n r. . H..