Urbana union. [volume] (Urbana, Ohio) 1862-1872, 1866-04-11
WHOLE NUMBER 200

bill seems to be unnecessary, IS adequate
judicial remedies could be adopted 70 secure
the desired end without invading the in.
munities Of legislators, always important 70
be preserved in the interest OF public liberty
without assaing the independshce uf the
Judiciary, always essential TO the pTessfTas
ton Of individual rights, and without iuabaiT2
ing the efficiency Of ministerial officers, al
ways ready for the maintenance Of public
peace and order. The remedy proposes. .bv,
this section seems to be, in this respect. not,
only anomalous, but unconstitutional, Tor th8
Constitution guarantees nothing with csFiainA
y, if it does not insure 70 the several SRles
the right Of making laws in regard TO- All
matters arising within their jurisdiction, sub
ject only to reconstruction IN cases Of cons.
I aict with the Constitution and Constitutional
laws OF the United States, the latter 70 b.
held as the supreme law Of the land.
The third section gives the District Courts.
Of the United States exclusive. .cogniEance of
al crimes and offenses committed against the
provisions Of this act, and concurrent juris-s
dciion with the Circuit Of the United 5tates
Of ell civil and criminal cases affecting pesrohs.
who are denied, or cannot enforce in cthe,
courts or judicial tribunal Of the States or Io-,
cality where they may be, any Of the rights
secured TO them BY the FIRST section. The
construction which have given TO the see-r
ond section, Tor Il makes clear what kind Of
denial or deprivation Of rights secured By the
! FIRST section was IL contemplation, IS . dsA4
nial or deprivation Of such rights in the eonFtA
! or judicial tribunals Of the STATE. Il stands
| there clear Of doubt that the oHenss snd the
/ penalties provided in the second sectinn are
intended Tor the State Judge who in the clear,
exercise Of hie functions ~ a Judge not act
ing ministerially but judtoially, shah deeidar
contrary to this Federal law. In other Wordsr3
when . State Judge acting upona question
involving q conflict between . State law and
la Federal law, and bound according 20 his,
own judgment and responsibility. to gige an
| impartial decision between the two cases
comes to the conclusion that the State lEe
is valid and the Federal law is invalid, he
must not follow the dictates OF his own judgs
ment, at the peril Of ine and imprisonment
/ The legislative department Of the Govern
! meat Of the United States thus takes from
the judicial departments Of the Sistea the
sacred and exclusive duty Of , Judi .ial deeis-
ion, and converts the Judge into . merely
ministerial officer, bound TO decide according
to the viii Of Congress. It lies clear that in
States which deny to persons whose rights
are secured by the hrst section Of TIE Blk,
any one Of those rights, all criminal and cisik
affecting them, viii by the provisions Of lh1
third section come under the Executive cog
nizance Of the Federal tribunals Il follows
that If in any Stats which denies 70 color.
ed persons any one Or al Of thosB fighi6,
that person should commit Z crime against
4 the laws Of the State. murder or any other
crime all protection and punishment through
the Courts Of the State are taken awEy, and
he can only b. tried and punished in the Fed,
eral coaTts. How ia the criminal 10 be tried
If the oHeEse is provided for and punished by
Federal law7 That law, and NOT the siale
law, Is 70 govern. Il is only when the Of
icnse does not happen TO be within the puE-+
view OF Federal law that the Federal eouttB
are to try and punish him, under any other
law. Then resort s 70 be had to the coma
mon law. as modified and changed by slais
| legislation. 20 far ss the same is not incon-
siStent with the Constitution and laws oi tho
/ United States. So that over this vast do
main of criminal Jurisprudence provided by
each State for the protection Of iJs own citi-
zens and for the punishment Of al persona,
who violated its criminal laws Federal law
! wherever It can be made to apply, displaeeI
State laws. The question here naturally
arises rom what source Congress derives the
| power TO transfer from Federal tribunals eer--
tain classes Of cases embrace in this section.
| The Constitution expressly declares that
the judicial power Of the United States shall
extend TO all cases in law and equity arising
under the Constitution, the laws OF the Uni
ted States and treaties made, or which shall be
made, under their authority, to all cases 81
feeling ambassadors or other public ministers
and consuls, to All cases Of admiralty and
maritime jurisdiction, 70 controversies 70
which the United States shall be . party, to
controversies between two or more States,
between 3 State and citizens Of another State,
between citizens Of different States, between
citizens OF the same State, claims for land un-
der grants Of different States, and between b
State or the citizen 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 Sept. 24th, 1888.
establishing the judicial courts Of the United
States. in Gonferring upon the Federal courts
! jurisdiction over cases originating in State
( tribunals is careful to cOnfne them to the
classes enumerated in the above retitsd claRss
/ Of the Constitution This section OF the bin
/ undoubtedly comprehends such cases. and hu-
thorizes 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 we'll calculated 10 excite distrust
and alarm on the part Of all the States, for the
bill appl s alike to all Of them. as well 10
those that have. As those that have not been
engaged in rebellion. Il may be assumed
! that this authority is incident 10 the power
granted 10 Congress by the Constitution, a.
recently amended. 20 enforce by sppropriais
legislation the article declaring that neither
slavery nor involuntary Servitude, except asa
punishment for crime, whereof the narty shall
! have been duly convinced. shall exist within
/ the United States or any place subject 10 their
! Jurisdiction. Il cannot, however, be Justly
claimed that with view to enforcement OF
this article OF the Constitution there is At pres
ent any necessity tor the exercise Of al the
powers which this oil coniers. Slavery hss
/ been abolished, and At present nowhere exists
within the jurisdiction Of the United States,
nor haS there been, nor il il likely there viii
| be; any attempts TO revive il BY tbs people OF
1 the States. However, If any such attempts
( shall be made, it viii then become the duty
/ OF the General Government 70 exercise any
and al incidental powers necessary snd prop
/ or to maintain inviola,s these Governments
J laws Of the freedmen. -
The fourth section Of the bin provides that
officers and agents Of the Freedmen's Bureau
shah be empowered to make arrests, and also
! that other officers may be specially eoumis1
stoned for that purpose By the President Of
/ the United States Il also aithorizes CiFerit
! Courts Of the United States and Superior
Courts Of the Territories to appoint. without
limitation. commissioners who are to be charg.
ed with quasi judicial duties
! The fifth section empowefa the Commits
aiOnerE 70 be selaeted by the Court, 30 apS