Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1866-03-27

OF the Unttod bthtes ehclusNo V'b"ee"N
Of all crimes and offences committed against
the provisions Of this set, = and concurrent
juris diotion with Che Circuit Courts Of the
United ststes OF oil civii and criminal cases
affecting persons who are denied or cannot
snforcs In the Courts or judicial tribunals Of
the State or locality where they may be any
Of the rights secured 70 them BY the hrst sec
tion." The construction which have
given to the second section Is strengthened
by this third section, for II makes clear what
kind 81 deninl or deprivation Of the rights
secured BY the FIRST section was In contem-
plation. It 10 denial or deprivation Of
such rights "in the Courts or judicial tribu-
mails Of the State " It stands, therefore,
clear Of doubt that tho offence and the pen
alties provided In the second section arc in
tended for the State Judge, who In the clear
exercise Of his functions as Judge, not
acting ministerially, but judicially. shall
decide contrary to this Federal law.
In other words, when State Judge, acting
upon question involving . conflict between
a State law and q Federal law, and bound,
according to his own judgment and RESPONSE
bility, to give an impartial decision between
the two, comes TO tho conclusion that the
State law Is valid and the Federal law Is in.
valid, he must not follow the dictates OF his
own Judgment at the peril Of fine and i'm
prisonment. The Legislative Department of
the Government OF the United States thus
takes from the judicial department Of the
States the sacred and exclusive duty OF
judicial decision, and converts the State
Judge into 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 6rst
section Of the bill any one Of those rights, all
criminal and civil cases affecting them, will,
BY the provisions Of the third section, come
under the exclusive cognisanco Of the Fed
eral tribunals. Il follows that II, in any
State which denies tot colored person any
one Of all those rights, that person should
commit crime against the laws Of the State,
murder, arson, rapo, or any other crime, all
protection and punishment through the
courts Of the State, are taken away, and he
can only be tried and punished in the Fed.
eral courts. How Is the criminal to be tried?
II the offence Is provided for and punished
BY Federal law, that law, and not the State
law, isto govern.
1t Is only when the offence docs not hap
pen 10 DO WITHIN the purV'eW Of Federal law
mat the feoera' courts are 70 uy ana PUNISH
Nun unaer any Other law, linen resort is 70
90 naa 70 the common Jaw, " modine ''i ana
0nangeu' ny state iegisiauon' 30 lar as tne
same u NOT 'noon'''.en. WIN inc oonst'u'
'ioh ana laws OIL tue oh'tea eta'es' 90 'ha'
over TINS vast CONAN OF criminal Junspru
aence PROVIDED oy eaoh state Tor the protee'
ZION Oh us own o"'hens' ana ior 'he punish
heh' OF All persons VINO Violate us criminal
laws Federal law, wherever IL can be made
10 Apply displaees state law
Inc question here naturally arises from
what source congress derives the power TO
transfer TO Federal tribunals certain Glasses oil
cases embraced In ,his section Inc consti.
tuition expressly declares that the Judicial
power oil the United States 'shall extend to
all cases In law and equity arising under this
Constitution the laws Of the United states
anu treaties maze or wn'cn snah DC MADE
uoo'r their autno'''yi 10 all cases aneet'ns
amoAsSsdors' o'ner paoho ministers anu con-
susi 70 al cases Oh auniirai'y anu maritime