The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-03-31

/ :" cOgnlZanc6 OF all crimes. anu oIeHceS
committed against the provisions of this
act," and concurrent jurisdiction with
/ the circuit courts of the United States
of all civil and criminal cases 6 affect
ing persons who are denied or cannot
enforce in the courts or judicial tribu-
nails of the State OF locality where they
may be any of the rights secured to
them by the first section The con-
struction which l have given to the sec
ond section is strengthened by this third
section, for it makes clear what kind OF
denial or deprivation of the rights Sc
cured by the first section was in con-
temptation. 1t is denial or depriva-
ton Of such rights in the courts or
judicial tribunals of the State" 1t
stands, therefore, clear of doubt that the
offence and the penalties provided in the
second section are intended for the State
Judge, who, in the clea exercise of his
functions as a Judge, mot acting minister
ally, but judicially, shall decide contrary
to this Federal law. In other words,
when State Judge, acting upon ques-
ton involving conflict between State
law and Federal law, and bound ac
cording to his own Judgment and re-
sponsibility, to give an impair tial decis-
ion between the two, comes to the con-
clusion that the State law is valid and
the Federal law is invalid, he must not
follow the dictates of his own Judgment,
at the peril of fine and imprisonment.
The Legislative department of the Gov
eminent 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 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 Of those
rights, all criminal and civil cases at
fecting them will, by the provisions ofthe
third section, come under the exclusive
cognizance Of the Federal tribunals. 1t
ollows that if, in any State which de-
lies to n colored person any one of all
hose rights, that person should commit
I crime against the laws of the State
murder, arson, rape, or any other crime
all protection and punishment through
he courts of the State are taken away,
md he can only be tried and punished
n the Federal courts. How is the Grim
nal to be tried? If the offence is pro-
.'ided for and punished by Federal law,
that law, and not the State law, is to
govern.
It is only when the offence does not hap
pen to be within the purview of Federal
law that the Federal courts are to try
md punish him under any other law.
Then resort is to be had to "the COM
mon law, as modified and changed" by
State legislation, g so far rs the same is
not inconsistent with the Constitution
md laws Of the United States" So
that over this vast domain of criminal
jurisprudence provided by each State
tor the protection of its own citizens,
and for the punishment of all persons
who violate its criminal laws, 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 embraced in this
section? The Constitution expressly
declares that the judicial power of the
United States sshall extend to all ca
ses in law and equity arising under this
the laws of the United
States, and treaties made, or which shall
be made, under their authority to all
cases affecting ambassadors, other pub
lie ministers and cOnsuls to all cases of
and maritime jurisdiction; to
to which the United States
shall be party; to controversies be-
tween two or more States, between n
State and citizens Of another State, be-
tween citizens of different States, be-
tween citizens of the same State claim
ne land under grants Of different States,
md betweena State, or citizens thereof,
md foreign States, citizens, or sub
ects."
Here the judicial power of the United
States is expressly set forth and detin-
ed; and the act of September "a, 1889,
establishing the judicial courts Of the
United States, in comforting upon the
Federal courts jurisdiction over cases
in State tribunals, is careful
% confine them to the classes enumera-
ed in the above recited clause of the
Constitution. This section of the bill
comprehends eases, and
the exercise of powers that
Ire 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
IN the part of all the States, for the
bill applies alike to all of them-as well
% those that have not as to those that
nave been engaged in rebellion.
1t may be assumed that this authority
S incident to the power granted to
Congress by the Constitution, as recent
y amended, to enforce, by appropriate
legislation, the article declaring that
neither slavery nor involuntary servi-
ude, except as punishment for crime,
the party shall have been duly
shall exist within the United
States, or any place subject to their jul
.isdiction.' 1t cannot, however, be
Justly claimed that, with view to the
of this article of the Con-
there is at present any neces-
'ity for the exercise of all the powers
which this bill confers.
Slavery has been abolished and at
present nowhere exists within the .iuris-
fiction of the United States; nor has
L.