The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-03-28

1
cial tribunals of the State. 1t stands
therefore clear of doubt that the offenses
and the penalties provided in the second
section are intended for the State Judge
who in the clear exercise of his functions
as a Judge, not acting ministerially bnt
| judicially, shall decide contrary to this
Federal law. In other words, when a
State Judge, acting upon a question in
| yolyng a conflict between a State law
and Federal law and bound according
| to his own judgement and responsibility
| to give an impartial decision between
the two cases to the conclusion that the
State law is valid and the Federal law is
invalid, he NEST not follow the dictates
| of bis judgment al the peril Of tine and
| imprisonment.
The legislative department of the gov
| ernment of the United States thus takes
from the judicial department of the
states the sacred and exclusive duty Of a
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 States which deny
to persons whose rights are secured by
| the first section of the bill, any one of
these rights, all criminal and civil cases
affecting them will by the provisions of
| the third section como under the EXecu-
tive cognizance OF the Federal tribunals
1t follows that if any State denies to a
colored person any one of all these rights
that person should commit crime
against the laws of State, murder or
any other crime all protection snd pun
ishment through the courts of the State
are taken away and he can only be tfied
and punished in the Federal courts.
How is the criminal to be tried If the
offence is provided for and punished by
Federal law, which law and not the State
Jaw is to govern.
1t is only when the offence does not
happen to be within the purview Of fed,
eral law they are to try and punish him.
Under any other law their resort is to be
had to the common law, as modified
and changed By State legislation, so far
rs the same is not inconsistent with the
Constitution and laws Of the United
States, so that over this vast domain of
criminal jurisprudence, provided for
each State for the protection of its own
citizens, and for the punishment of all
persons who violate its criminal laws,
the federal law, whenevey er it can be
made to apply, displaces the State law
The question here naturally arises,
from what source congress derives the
power to transfer to federal tribunals
certain classes of cases embraced III this
section The constitution expressly de-
clares that the judicial power OF the
United States shall extend to all cases in
law and equity arising under this con-
stitution, the laws of the United States,
and treaties made or which shall be made
under their authority; to all cases affect
ing ambassadors or other public minis
ters and consuls; TO all cases of admiral
ty jurisdiction; to controv ersies to which
the United States shall be party;
to controversies between two or
more States, between State
and citizens of another State, between
citizens of different States, between citi-
zens Of the same State, claims to laud
under grant of different States and be-
tween citizens in a foreign State and
and citizens or subjects. Here the judi
cial power of the United States is ex-
pressly set for these, and the act of Sep
tember "a, 17S9, establishing the judicial
courts of the United States, in comforting
upon the Federal courts jurisdiction over
cases originating in State tribunals, is
careful to c0niine them TO the classes
enumerated in the above cited clause of
the Constitution
This section of the bill undoubtedly
comprehended these cases, and ant hor
ICES the exercise Of powers that are not,
by the constitution, within the iurisdic-
tion of the courts Of the United States.
To transfer them to these courts would
be al exercise of authority well CalCu.
lated to excite diStruSt and alarm on
part OF all the States, for The bill ap-
plies alike to al! of them, as well to
those that have, as 30 those that have
not been engaged iu rebellion II may
be assumed that this authority is iuCi-
dent To the power granted to Congress
BY the constitution rs recently amended
to enforce by appropriate legislation.
the article declaring that neither sia.
very nor inv YlHut1ry -9gyltude shall be
A punishment for crime, whereof the
party shall have been duly convicted,
shall exist within the United States or
any place subject 10 their jurisdiction.
II cannot however he Justly claimed
that. with a view to the enforcement of
this article Of the Constitution, there is
at present any necessity for the exercise
of all the powers which this bill coniers-
Slavery has been abolished and at pres.
eut nowhere exists within the iuriSdic-
ton Of the United States, nor has there
been, nor is it likely there will be any
attempts to revive il hy the people of
the States.
The fourth section of this bill provides
that officers and agents OF the Freed
mems Bureau shall be empowered TO
make arrests, and also that other officers
NAV be specially commissioned for that
purpose by the President of the United
States 1t also authorizes the circuit
courts of the United States aud the su.
preme courts of territories to appoint.
without limitation, commissioners who
are to be charged with the performance
of quasi judicial duties.
| The fifth section empowers commits.
sioners, to be selected by the court, to
| apoint in writing, one OF more suitable
pc rsons from time to time, to eEeeute
warrants and other processes These
numerous official agents arr made to
constitute sort of police in addition to
the military, and are authorized to sum-
| mon n posse comitatus, and even 20 call
to their aid such portion of the land and
naval forces of the United States. or of
the militia, as may be necessary to the