Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1866-04-14

Federal law, and DQMnd, acc0rdlng to his OWN
judgnent and responsibility, to give an impair
tial' decision between the two, comes to the
conclusion that the5S 5Stpte law is valid and the
Fed sral law is invalid, he must not follow tho
dictates Of his own Judgment at the peril Of
fine aud Imprisonment. The legislative de-
partment of The Gosernmcnt of the United
States thus takes from the judicial departments
of the States the sacred and exclusive duty Of
judicial decision, andfenverts the State udgc
into mere ministerial officer, bound to de-
eide according to tho will of Congress.
1t is clear that in States which deny to per-
ton of the Bill, any one of those rights, all
criminal and civil cases affecting them viii, by
the provisions Of shcthird section, come under
the Executive cogni*ance of the Federal tri-
bunals 1t follows that if in any State which
denies to colored person any one of all those
rights that person Should commit crime
against the laws Of a State--murder arson,
rape or any other crme-all protection and
punishment through the Courts Of the State :
are taken away, and he can only be tried and
punished in the Federal Courts How is tho
criminal to be tried if the offence is provided
for and punished by the Federal law? That
law, and 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 un-
der any other law. Then resort is to be had
to the common law, as modified and changed
by State legislation, so far as the same is not
inconsistent with the Constitution and laws of
the United States. So that over this vast do
main Of criminal jnglsprudenee, provided by
reach .State ~ osf
zens, and for the punishment of allspersonss
. who violated its criminal laws, Federal law,
wherever it can be made to apply, displaces
| State law. m.
The question here snaturally arises, from
what source Congress derives the power to-
transfer to Federal tribunals certain classes of
cases embraced in this section? The Consti-
tuition Of the United States expressly declares
that the judicial power of the United States
I" shall extend to all casos in law and equity
arising under this Constitution; the laws OF
the United States and treaties made, or wlcs
shall be made under their authority; to all
casses affecting ambassadors or other public
ministers or consuls to all cases of admiralty
and maritime jurisdiction; to controversies to
which the United States shall be party; to
controversies between two or more States be-
tween a State and citizens of another State
between citizens of different States between
citizens Of the same State claiming land un-
der grants of different States; and between u
State or the citizens thereof and foreign States,
citizens or subjects" Here, the judicial pow
er of the United States is expressly set forth
and defined; and the Act of September "a,
| $780, establishing the judicial Courts of the
United States in conferring upo, the Federal
Courts jurisdiction ever cases originating in
State tribunals, is careful to confine them to
the cases enumerated in the above reeited
! clause Of the Constitution THIS section Of
the Bill undoubtedly comprehends cases and
authorizes the exercise of powers that are not,
! by the Constitution within the jurisdiction OF
the Courts of tho UA.ted States. TO transfer
them to those Courts would be an exercise of
authority we'll calculated to excite distrust and
alarm on the part of all the States, :he Bib
applies alike to all of them, as well to those
that have, as those chat have not, been en-
gagged in tho rebellion.
ltmay be assumed that this authority is III
cident to the power granted to Congress by
the Constitution as recently amended, to en-
force by appropriate legislation the article de-
claring that neither slavery nor involuntary
| servitude, except os punishment for crime
whereof the party sl'al have been duly con-
! victed, shall exist within the United States,
or any place subject to their Jurisdiction. It
cannot, however, be justly claimed that, with
view to the enforcement Of this article Of tho
r.. " Al.